Agenda 10/23/2018 Item #16K 910/23/2018
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chairman to sign a mediated Settlement Agreement
and Site License Agreement to settle the civil litigation styled Wannagofast, LLC v. Collier County
Board of County Commissioners, serving as the Collier County Airport Authority, Case No. 17-
0380, now pending in the 20th Judicial Circuit Court in Collier County; and authorize payment of a
Mediation Invoice in the amount of $1,518.75.
OBJECTIVE: To settle a breach of contract claim in a manner which is beneficial to both parties.
CONSIDERATIONS: Plaintiff, Wannagofast, LLC, is a nationwide auto racing event company that
specializes in utilizing airport runways for high speed, high -end auto racing events. On November 15,
2016 (Item 16G2), the Collier County Airport Authority (“Airport Authority”) and Wannagofast entered
into a Site License Agreement authorizing Wannagofast to use the Immokalee Airport, Runway 9-27, to
host its car racing event for March 2017. As set forth in the Executive Summary which requested
approval of this agreement, it was noted that in addition to the proposed leasing fee of $18,900, potential
ancillary benefits included an estimated 4,000 public participants and spectators that would patronize
local hotels, restaurants and other businesses during the event time period. The event is scheduled to run
four (4) consecutive days.
Subsequent to entering into the Agreement with Wannagofast, the Airport Authority sought approval
from the Federal Aviation Administration (“FAA”), which approval was denied. Based on the FAA
denial, the Airport Authority unilaterally cancelled the event. In response to the cancellation,
Wannagofast commenced a lawsuit against the Airport Authority, based upon breach of contract.
The parties attended Court Ordered Mediation which commenced on February 14, 2018. Wannagofast
had been seeking damages in excess $150,000 based on cancellation of the event, which amount the
County disputed. The parties ultimately agreed to settle this dispute, with the key terms being as follows:
1. Wannagofast could host up to two events each calendar year, starting in 2019 through and
including 2023.
2. Wannagofast would pay the Airport Authority a leasing fee as follows: the first event in 2019
there would be no fee; for the next four events (2 through 5) the fee would be $9,450 each; and for events
6 through 10, the fee would be $15,000.
3. Each event would be subject to approval from the FAA and the Florida Department of
Transportation (“FDOT”), which approval the Airport Authority would use its best efforts to obtain.
4. The Airport Authority would pay Wannagofast’s portion of the Mediator’s Fees ($1,518.75)
for the Court-Ordered Mediation (normally each party would each pay half the mediator’s fee).
5. The Airport Authority would not enter into a similar deal with a Wannagofast competitor
during the term of the agreement.
The Settlement Agreement is subject to both FAA and FDOT approval, which was recently obtained.
FDOT’s approval came with the following reservation: “The Department maintains concerns related to
the event. Therefore, the decision to host such event could potentially elevate the airport’s risk factors,
which in turn could jeopardize future state funding opportunities.” Staff recognizes the concerns and will
comply with the FDOT requirement to secure a “full and detailed damage assessment by a Professional
16.K.9
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10/23/2018
Engineer” pre- and post-event.
To memorialize the settlement, the parties have agreed to a revised Site License Agreement, whi ch is
substantially identical to the original, Board-approved agreement. The Agreement includes stringent
insurance requirements, required by Collier County Risk Management Division, and indemnification
language.
The County Attorney and Airport Authority Staff support approval of the revised Site License Agreement
and Settlement Agreement.
FISCAL IMPACT: Mediation fees incurred at the Court Ordered mediation on February 14, 2018 of
$1,518.75, in addition to the anticipated engineering assessment fees in the estimated amount of $6,000
are available in Fund 495, Immokalee Cost Center 192330.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote
for approval. - JAK
RECOMMENDATION: That the Board approves and authorizes the Chairman to sign the attached
Settlement Agreement and Site License Agreement to end the civil litigation styled Wannagofast, LLC v.
Collier County Board of County Commissioners, serving as the Collier Count y Airport Authority, Case
No. 17-0380 now pending in the 20th Judicial Circuit Court in Collier County; and authorize payment of a
Mediation Invoice in the amount of $1,518.75.
Prepared by: Jeffrey A. Klatzkow, County Attorney, and
Colleen M. Greene, Assistant County Attorney
ATTACHMENT(S)
1. Mediated Settlement Agreement (PDF)
2. Site License Agreement (PDF)
3. Federal Aviation Administration - September 20, 2018 (PDF)
4. Florida Department of Transportation - October 8, 2018 (PDF)
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10/23/2018
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.9
Doc ID: 7044
Item Summary: Recommendation to approve and authorize the Chairman to sign a mediated
Settlement Agreement and Site License Agreement to settle the civil litigation styled Wannagofast, LLC
v. Collier County Board of County Commissioners, serving as the Collier County Airport Authority, Case
No. 17-0380, now pending in the 20th Judicial Circuit Court in Collier County; and authorize payment of
a Mediation Invoice in the amount of $1,518.75.
Meeting Date: 10/23/2018
Prepared by:
Title: Legal Office Administrator – County Attorney's Office
Name: Debbie Allen
10/12/2018 10:17 AM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
10/12/2018 10:17 AM
Approved By:
Review:
Growth Management Department Jeanne Marcella Level 1 Reviewer Completed 10/12/2018 10:29 AM
Airport Authority Justin Lobb Additional Reviewer Completed 10/12/2018 10:52 AM
Growth Management Department Thaddeus Cohen Department Head Review Completed 10/12/2018 11:10 AM
County Attorney's Office Colleen Greene Level 2 Attorney Review Completed 10/12/2018 2:45 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 10/12/2018 2:56 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 10/12/2018 4:33 PM
County Attorney's Office Emily Pepin CAO Preview Completed 10/12/2018 4:56 PM
Budget and Management Office Mark Isackson Additional Reviewer Completed 10/15/2018 9:47 AM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 10/16/2018 3:18 PM
Board of County Commissioners MaryJo Brock Meeting Pending 10/23/2018 9:00 AM
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MEDIATED SETTLEMENT AGREEMENT
BETWEEN COLLIER COUNTY AND WANNAGOFAST, LLC.
This Mediated Settlement Agreement, dated this
-
day of
-
2018, shall
serve as supplemental terms and conditions to the Site License Agreement between the parties
Collier County and Wannagofast, LLC.
RECITALS:
WHEREAS, on November 15, 2016, the parties entered into a Site License Agreement, a
copy of which is attached as Exhibit A; and
WHEREAS, the parties did not proceed with the agreement as contemplated, which led
to a dispute now pending in the Circuit Action entitled Wannagofast, LLC v. Collier County
Board of County Commissioners serving as the Collier County Airport Authority (Case No. 17-
0380-CA); and
WHEREAS, the parties engaged in Court-Ordered Mediation on February 14,2018, and
agreed to resolve the matter, pending FAA approval, with the parties getting into a multiyear use
agreement, which benefitted both parties; and
WHEREAS, the proposed settlement was not approved by the FAA, who insisted on the
right to approve each event separately, as well as requiring the County to get FDOTT approval
for each event; and
WHEREAS, the parties wish to resolve the dispute under the terms and conditions set
forth the revised Site License Agreement and in this Mediated Settlement Agreement; and
NOW, THEREFORE, in consideration of the foregoing Recitals, and other good and
valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged,
the Parties agree as follows:
l. The Parties agree that the first racing event is scheduled to be held in 2019 as defined in
the revised Site License Agreement (attached as Exhibit o'A"); and
2. LICENSEE may request to host up to two events each calendar year, starting in 2019
through and including2}23; and
3. LICENSEE shall advise the AUTHORITY of the proposed event dates in writing 120
days prior to the event. AUTHORITY will work with LICENSEE to confirm the dates.
LICENSEE may hold two events per year at LICENSEE'S discretion and shall reserve the right
to waive the holding of events at its discretion; and
I The potential requirement for FDOT approval was raised by the FAA. To the extent FDOT determines
that the event is outside its jurisdiction or is otherwise not subject to FDOT approval and the FAA
approves the event without FDOT approval, then FDOT approval shall no longer be a condition of this
Agreement.
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Packet Pg. 1939 Attachment: Mediated Settlement Agreement (7044 : Mediated Settlement Agreement and Site License Agreement - Wannagofast v CC - Case
4. LICENSEE shall pay the AUTHORITY, a leasing fee as follows: the first event in2019
there shall be at no leasing fee to LICENSEE; the next four events (2 through 5) the leasing fee
shall be $9,450 each; and events 6 through 10, the leasing fee shall be $ 15,000 each plus applicable
taxes, for the event for the use of the site. LICENSEE shall pay a deposit of two thousand and
five-hundred dollars ($2,500) upon confirmation of the event date. This deposit will be refunded
at the completion of the event. The full leasing fee shall be paid, in full, thirty (30) days prior to
the first on-site date; and
5. LICENSEE understands that any exotic auto racing event held by Wannagofast, LLC. is
subject to approval from the FAA and the Florida Department of Transportation ("FDOT"), which
approval AUTHORITY will use its best efforts to obtain, but which efforts will not include filing
an administrative appeal or otherwise contesting an adverse decision by either the FAA or the
FDOT; and
6. All terms and conditions in the Site License Agreement shall remain in force. The terms
and conditions in this Mediated Settlement Agreement are supplemental terms to the Site License
Agreement; and
7 . The AUTHORITY shall pay all of the Mediator's Fees for the Court-Ordered Mediation
on February 14,2018; and
8. The parties recognize that there is a limited market for exotic racing events, which is easily
saturated, and that such activity needs to be limited for the safe and continuous operation of the
Airport. Accordingly, LICENSEE agrees to request and to conduct no more than two events per
year, with each event subject to approval by the FAA and FDOT, and in consideration,
AUTHORITY shall not conduct, or authorize to be conducted, a similar event during the term of
this agreement.
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date and year first
above written.
Attest:
CRYSTAL KINZEL, Clerk BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:By:
, Deputy Clerk
ved as to form and lesality:
ANDY SOLIS, CHAIRMAN
Colleen M. Greene, Assistant County Attorney
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Packet Pg. 1940 Attachment: Mediated Settlement Agreement (7044 : Mediated Settlement Agreement and Site License Agreement - Wannagofast v CC - Case
AS TO WANNAGOFAST, LLC
Signed, sealed and
delivered in the presence of:
By:
Signature Blake Hutchison, President
Printed Name
Signature
Printed Name
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Agreement was acknowledged before me this day of
-,
2018, by , who is personally known to me or has produced
as proof of identity.
INOTARIAL SEAL]
Signature of Person Taking Acknowledgment
r 7-cA-380/699
I l 7-cA-380/1399125/l ](cA(}j
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Packet Pg. 1941 Attachment: Mediated Settlement Agreement (7044 : Mediated Settlement Agreement and Site License Agreement - Wannagofast v CC - Case
SITE LICENSE AGREEMENT:
EXOTIC AUTO RACING EVENT
AT IMMOKALEE REGIONAL AIRPORT
SITE LICENSE AGREEMENT BETWEEN THE COLLIER COUNTY AIRPORT AU.
THORITY AND WANNAGOFAST, LLC APPROVING THE USE OF COUNTY.OWNED
PROPERTY FOR THE PURPOSE OF HOLDING AN EXOTIC CAR RACING EVENT.
By this SITE LICENSE AGREEMENT entered into this day of_,2018 by
and between the Board of County Commissioners of Collier County, in its capacity as the Collier
County Airport Authority, whose mailing address is in care of Airport Authority Director, 2005
Mainsail Drive, Suite 1, Naples, Florida 34114, ("AUTHORITY") and WANNAGOFAST, LLC
whose mailing address is 403 Juniper Street Destin, Florida 32451, ("LICENSEE").
WHEREAS, the Parties recognize that the Immokalee Regional Airport is designed by the
State of Florida as a Rural Area of Opportunity, the purpose of which is to revitalize economically
distressed areas; and
WHEREAS, the Board of County Commissioners seeks to support both the Immokalee Re-
gional Airport by increasing its revenue sources, including those which are non-aviation related,
and the economy in Immokalee in general by supporting local events which may beneht the com-
munity.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL CONVENANTS CON-
TAINED HEREIN AND OTHER VALUABLE CONSIDERATION, THE PARTIES AGREE AS
FOLLOWS:
1. The AUTHORITY hereby licenses real property in Collier County, Florida, described as the
active Runway 9-27, Taxiway Bravo, and a drag strip (closed Runway 4-22) at the Immokalee
Airport, for the purpose of holding an exotic racing event. The subject of this Agreement is further
shown on the attached Exhibit "A", hereinafter referred to as o'Property.o'Public and all vehicular
parking shall also be delineated on the map/diagram attached to this Agreement included in Exhibit
ooA." Personnel shall be utilized by LICENSEE to ensure that all parking at the event is conducted
according to the attached Exhibit "A." LICENSEE shall be allowed to enter upon the Property for
a four day period.
2. The approval of the use of the Property by the LICENSEE shall extend from 6:00 am to
l0:00pm for four consecutive days (one day for setup, two weekend days for the actual event, and
one day for cleanup and removal) .
LICENSEE shall advise the AUTHORITY of the proposed event dates in writing 120 da),s prior
to the event. AUTHORITY will work with LICENSEE to confirm the dates and advise LICEN-
SEE of any potential concerns or conflicts. The event is subject to FAA and possibly Florida De-
partment of Transportation ("FDOT") approval:l the AUTHORITY agrees to work with the FAA
I The potential requirement for FDOT approvaL was raised by the Fea. To the
extent FDOT determines that the event is outside it,s jurisdiction or is oth-
erwise not subjecE t,o FDOT approvaf and the FAA will approve t,hg3yg4!
EXHIBIT*A ff^'-{i t' i r
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Packet Pg. 1942 Attachment: Site License Agreement (7044 : Mediated Settlement Agreement and Site License Agreement - Wannagofast v CC - Case No. 17-
and FDOT to seek approval for additional events should the LICENSEE request to hold additional
events at the Immokalee Airport. In the event the LICENSEE should fail to return the Property to
its pre-event condition after 6:00pm on the Monday following the event, the County shall impose
a penalty of $ 1,000 per hour or portion thereof.
3. LICENSEE shall prevent any use of the Property which would interfere with or adversely affect
the operation or maintenance of the Airport, or otherwise constitute an airport hazard,and will restrict
the height of structures; objects of natural growth and other obstructions on the Property such height
as to comply with Federal Aviation Regulations, Part 77.The event will require a temporary closure
of Runway 9-27 and associated connector taxiways, filed via Notice to Airmen (NOTAM) by Au-
thority staff to the applicable FAA Flight Service Station. The active Runway 18-36 and associated
taxiways shall remain open and available for air traffic at all times.
4. The LICENSEE shall monitor, control, and assume responsibility for all activities, vendors,
licensees, and invitees associated with such event, such responsibility not being limited to trash
collection and clean-up of the Property. The LICENSEE accepts the property "as is." AUTHOR-
ITY shall not be obligated or required to improve, repair, or maintain the Property or any part
thereof in any manner whatsoever. The LICENSEE agrees to provide adequate personnel for the
timely removal all event items and remnants.
5. The LICENSEE shall acquire any and all permits required by Collier County and any other
governmental entity including and not limited to waiver, to conduct such event and related activi-
ties on the Property prior to the dates of the intended event. Said permits are issued by the Planning
and Permitting Department located within the Collier County Growth Management Division build-
ing on Horseshoe Drive.
6. For the 2019 event, the LICENSEE shall not be required to pay the AUTHORITY, a
leasing fee for the use of the site. LICEENSEE shall pay a deposit of two thousand and five-
hundred dollars ($2,500) upon the confirmation of the event date. This deposit will be refunded
at the completion of the event.
7. NON-PERMANENT IMPROVEMENTS: Prior to making any changes, alterations, addi-
tions or improvements to the Property, the LICENSEE will provide to AUTHORITY staff, in
writing, all proposals and plans for alterations, improvements, changes or additions to the Property.
The LICENSEE covenants and agrees in connection with any maintenance, repair work, erection,
construction, improvement, addition or alteration of any authorized modifications, additions or
improvements to the Property, to observe and comply with all present and future laws, ordinances,
rules, regulations, and requirements of the United States of America, State of Florida, County of
Collier, and any and all govemmental agencies. All alterations, improvements, and additions to
the Property shall, at once, when made or installed, be deemed as attached to the freehold and to
have become the property of Collier County and shall remain for the benefit of the County at the
end of the term set forth in this Agreement in as good order and condition as they were when
installed, reasonable wear and tear excepted; provided, however, if AUTHORITY's staff so di-
rects, the LICENSEE shall promptly remove the additions, improvements, alterations, fixtures and
wi-thout. FDOT approval, t.hen FDOT approval shall no longer be a condition ofany aspecE or section of this Agreement.
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Packet Pg. 1943 Attachment: Site License Agreement (7044 : Mediated Settlement Agreement and Site License Agreement - Wannagofast v CC - Case No. 17-
installations which were placed in, on, or upon the Property by the LICENSEE, and repair any
damage caused to the Property by such removal.
8. This Agreement hereby expressly adopts and incorporates by reference as if fully set out
herein the attached Exhibit o'B": the Collier County Airport Authority Contract Insurance Require-
ments. All terms and conditions of such Agreement are deemed to apply to this Site License
Agreement and LICENSEE expressly agrees to abide by the conditions listed in Exhibit "B." LI-
Cf,NSpp agrees to provide greater insurance to that required by Exhibit ooB" and shall provide $2
million dollar Commercial General Liability Insurance with Collier County named as an additional
insured for the event.
g. The LICENSEE, shall indemnify, defend and hold harmless Collier County, the AU-
THORITY, the Board of County Commissioners and all of each entity's respective agents and
employees from and against any and all liability (statutory or otherwise), damages, claims suits,
demands, judgments, costs, interest and expenses (including, but not limited to, attorneys' fees and
disbursements both at trial and appellate levels) arising, directly or indirectly, from any injury to,
or death of, any person or persons or damage to property (including loss of use thereof) related to
(A) LICENSEE'S use of the Property, (B) any work or thing whatsoever done, or any condition
created (other than by AUTHORITY, its employees, agents or contractors) by or on behalf of
LICENSEE in or about the Property, (C) any condition of the obligations under this Agreement,
or (D) any act, omission or negligence of LICENSEE or its agents, contractors, employees, sub-
tenants, licensees, invitees or patrons. In case any action or proceeding if AUTHORITY
shall so request, at LICENSEE'S expense, by counsel reasonably satisfactory to AUTHORITY.
The AUTHORITY shall not be liable for any injury or damage to person or property caused by
the elements or by other persons on the Property, or from the street or sub-surface, or from any
other place, or for any interference caused by operations by or for a govemmental authority in
construction of any public or quasi-public works.
The AUTHORITY shall not be liable for any damages to or loss of, including loss due to petty
theft, any property, occurring on the Property or any part thereof, and the LICENSEE agrees to
hold the AUTHORITY harmless from any claims or damage, except where such damage or injury
is the result of the gross negligence or willful misconduct of the AUTHORITY or its employees.
The County shall not be responsible for any loss, theft or damage to any vehicle using the desig-
nated vehicle parking area.
The LICENSEE, throughout the term of this Agreement, at its own cost, and without any expense
to the AUTHORITY, shall keep and maintain the Property in good, sanitary and neat order, con-
dition and repair, and shall abide with all lawful requirements. Such repair shall include, but not
be limited to, painting, fixtures and appurtenances (airfield lighting, signage, and markings). If
the Property is not in such compliance in the reasonable opinion of AUTHORITY, the LICENSEE
will be so advised in writing. If corrective action is not begun within thirty (30) days of the receipt
of such notice and prosecuted diligently until corrective action is completed, AUTHORITY may
cause the same to be corrected and LICENSEE shall promptly reimburse Authority for the ex-
penses incurred by AUTHORITY, together with a 5% administrative fee.
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Packet Pg. 1944 Attachment: Site License Agreement (7044 : Mediated Settlement Agreement and Site License Agreement - Wannagofast v CC - Case No. 17-
10. The LICENSEE covenants and agrees not to assign this Agreement or to permit any other
persons to occupy same without the prior written consent of the AUTHORITY.
I 1. Neither the AUTHORITY nor LICENSEE shall be responsible for any delay or failure in
performance resulting from any cause beyond their control, including, but without limitation to
war, strikes, civil disturbances and acts of nature. When LICENSEE has knowledge of any actual
or potential force majeure or other conditions which will delay or threatens to delay timely perfor-
mance of this SITE LICENSE AGREEMENT, LICENSEE shall immediately give notice thereof,
including all relevant information with respects to what steps LICENSEE is taking to complete
delivery of the goods and/or services to the AUTHORITY.
12. Any notice to be given by either party to the other pursuant to the provisions of this Agree-
ment shall be in writing, but may be delivered by mail, fax, email or any other means of actual
written notice. Notice shall be effective upon actual receipt by the addressee.
13. The AUTHORITY and LICENSEE specifically agree that this Agreement represents a Bare
License with no interest coupled thereto for the LICENSEE'S use of the Property and does not
convey any estate in the Property or create any interest whatsoever.
14, The LICENSEE represents and warrants to the AUTHORITY that no hazardous materials
will be discharged to the air, grounds, sewer, or to a septic system on the Property. At termination
of this Agreement, at no cost to the AUTHORITY, the AUTHORITY may request that the LI-
CENSEE conduct and provide to the AUTHORITY an environmental audit, which shall contain a
written declaration from an environmental consultant acceptable to AUTHORITY, which verifies
that the Property which is the subject of this Agreement is in compliance with all applicable State
and Federal environmental laws, and that the property surrounding the Property is free from con-
tamination. The LICENSEE acknowledges its obligation hereunder for the cost of conducting the
environmental audit, bringing the subject facilities into compliance and any and all costs for clean
up, removal and remediation, if any, but only if such clean up, removal and remediation is the
result of acts of the LICENSEE during the period of the event. LICENSEE shall not be responsible
for clean up, removal and remediation of any existing environmental condition prior to the date of
the event.
15. The LICENSEE shall be responsible for paying all applicable sales taxes, and charges as-
sociated with or resulting from the holding of this event.
16. The LICENSEE shall be allowed to utilize water on AUTHORITY's Property, if available,
without any cost to the LICENSEE.
17. At its sole cost and consistent with County requirements for special events, LICENSEE shall
be required to provide portable lavatories and dumpsters, on the Property during the event and
remove said portables and lavatories following the event.
18. At its sole cost and consistent with County requirements for special events, the LICENSEE
shall be responsible for contracting bona-fide security or police and fire protections and any other
emergency medical personnel, for crowd and/or traffic control in sufficient numbers to protect the
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Packet Pg. 1945 Attachment: Site License Agreement (7044 : Mediated Settlement Agreement and Site License Agreement - Wannagofast v CC - Case No. 17-
health welfare and safety of the public attending the event. LICENSEE shall be solely responsible
for obtaining and compensating personnel to handle all parking requirements. Parking require-
ments include personnel necessary for the maintenance of the adequate and acceptable flow of
trafhc entering and leaving the event. If LICENSEE fails to provide such personnel and County
staff, agents, employees or workers must be used to handle traffic congestion issues; LICENSEE
shall reimburse Collier County for such costs.
lg. LICENSEE agrees that its use of the Premises will not create any public or private nuisance
and that the activities shall be conducted in accordance with all Federal, State, and local laws and
in full accord with the Collier County Risk Management Emergency and Safety Operations at
Motorsports Venues Program (ESOMV), Exhibit "C."
20. Rules and Regulations. Lessee shall comply with the Authority's published Rules and Reg-
ulations for this airport, which are on file at the address set forth above, as such regulations may
be amended from time to time by the Authority including such reasonable and uniform landing
fees, rates or charges, as may from time to time be levied for airfield operational privileges and/or
services provided at the Airport. Lessee shall also comply with any and all applicable goverrlmen-
tal statutes, rules, orders and regulations.
21. This Agreement is governed and construed in accordance with the laws of the State of Flor-
ida. This License shall not be construed for or against a party because that party wrote it. Any
action or proceeding arising from this License shall be brought only in a state court of competent
jurisdiction in Collier County. The parties waive any right to a jury trial in an action or proceeding
arising out of this License.
22. Limitation on Use. The parties recognize that there is a limited market for this activity,
which is easily saturated, and that such activity needs to be limited for the safe and continuous
operation of the Airport. Accordingly, LICENSEE agrees to request and to conduct no more than
two events per year, with each event subject to approval by the FAA and FDOT, and in consider-
ation, AUTHORITY shall not conduct, or authorize to be conducted, a similar event during the
term of this agreement.
23. LICENSEE agrees to use the dragstrip/taxiway as a staging area for vehicle warm-up in an
effort to reduce wear and tear on the runway.
24. The Parties recognize that the Immokalee Regional Airport is designated by the State of
Florida as a Rural Area of Opportunity whose purpose is to revitalize economically distressed
areas. In recognition of this, LICENSEE agrees to provide local vendor preference, at its sole and
absolute discretion, when seeking vendors for the event, and where practical, at its sole and abso-
lute discretion, to employ local workers when staffing the event.
25. The LICENSEE agrees that it will return the runway to the AUTHORITY in the same
condition as prior to the event, including but not limited to power washing the starting line to
remove any potential residue left on the runway following the event.
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Packet Pg. 1946 Attachment: Site License Agreement (7044 : Mediated Settlement Agreement and Site License Agreement - Wannagofast v CC - Case No. 17-
26. This Agreement is conditioned upon its approval by the FAA and FDOT. The Parties agree
to stay the proceedings for 90 days from the date of Mediation (February 14,2018) in the Circuit
Action entitled Wannagofast, LLC v. Collier County Board of County Commissioners serving as
the Collier County Airport Authority (Case No. 17-0380-CA) to allow the AUTHORITY to secure
FAA and FDOT approval for this event as set forth herein. Should the FAA and/or FDOT fail to
approve the event by that timeframe (by May 16,2018), the Parties agree to further discuss reso-
lution before proceeding with the litigation. Any party seeking to have the Court re-set the matter
for trial shall certify in its notice/request/motion that it made a good faith effort to resolve the
matter prior to asking for the matter to be re-set for trial.
28. The AUTHORITY agrees to submit its request for approval to the FAA and FDOT within
two weeks of finalizing this Amendment between the Parties.
IN WITNESS WHEREOF, the parties have hereto executed this Agreement the day and
year first above written.
AS TO LICENSEE:WANNAGOFAST, LLC
BLAKE HUTCHISON, President
WITNESS (signature)
(print name)
WITNESS (signature)
By:
(print name)
AS TO THE COUNTY:
Attest:
CRYSTAL KINZEL, Clerk
BOARD OF COLINTY COMMISSIONERS
OF COLLIER COUNTY, FLOzuDA, serving as the
COLLIER COUNTY AIRPORT AUTHORITY
By:
ANDY SOLIS, CHAIRMAN
By:
, Deputy Clerk
proved as to form
legality:
1r'- p"1; ;
61leen M. Greene, Assistant County Attorney
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Packet Pg. 1947 Attachment: Site License Agreement (7044 : Mediated Settlement Agreement and Site License Agreement - Wannagofast v CC - Case No. 17-
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Packet Pg. 1948 Attachment: Site License Agreement (7044 : Mediated Settlement Agreement and Site License Agreement - Wannagofast v CC - Case No. 17-
2. I EmploYer's LiabilitY S-single limit Per occurrence
[l Commercial General Bodily lnjury and Property Damage
Liability (Occurrence Form)
patterned afterthe.rrrunt 52,000,000 single limit per occurrence, $2,OOO,OOO aggregate for Bodily lnjury
lsoformLiabilityandPropertyDamageLiability.ThisshallincludePremisesand
operations;lndependentContractors;ProductsandCompletedoperationsand
Contractual LiabilitY
4. [] lndemnification To the maximum extent permitted by Florida law, the Lessee shall indemnify
and hold harmless Collier County, its officers and employees from any and all
liabilities, damages, losses and costs, including, but not limited to, reasonable
attorneys' fees and paralegals' fees, to the extent caused by the negligence'
recklessness, or intentionally wrongful conduct of the Lessee or anyone
employed or utilized by the Lessee in the performance of this Agreement' This
indemnification obligation shall not be construed to negate, abridge or reduce
any other rights or remedies which otherwise may be available to an
indemnifiedpartyorpersondescribedinthisparagraph.Thissectiondoesnot
pertain to any incident arising from the sole negligence of Collier County'
S 1.000,000 Each Occurrence; Bodily lnjury & Property Damage'
Owned/Non-owned/Hired; Automobile lncluded
6.
Exhibit B lnsurance and Bonding Requirements- Airport Facility Leases
nAviationTenantfiNon.AviationTenant
lnsurance / Bond Type Required Limits
i,--X *"rner,sCompensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government
Statutory Limits and Requirements
4. I Automobile LiabilitY
5. tr other insurance as
noted:
fl Rirport Liabllity lnsurance S
bodily injury and ProPertY damage
! Hangarkeepers LiabilitY
aircraft including premise liability
f] Aircraft Liability lnsurance
bodily injurY and ProPertY damage
E Pollution Liability lnsurance
bodily injurY and ProPertY damage
Per Occurrence
S
-
Per Occurrence Per
S
-Per
Occurrence
S
-
Per Occurrence
f] eroperty lnsurance - Replacement Cost-AIl Risks of Loss
I Lessee shall ensure that all sub-lessees comply with the same insurance requirements that he is required to
meet. The same Lessee shall provide County with certificates of insurance meeting the required insurance
provisions.
ffi cottier County must be named as "ADDITIoNAL INSURED" on the lnsurance Certificate for Commercial
General LiabilitY where required
I fne Certificate Holder shall be named as Collier County Board of County Commissioners' OR' Board of
County Commissioners in Collier County, OR Collier County Government, OR Collier County' The Certificates of
lnsurance must state the name of the Lease and location of the leased property.
9. X rhirty (go)
iq-r1ii
EXHIBIT
g
wannaGOFAST, LLC
Cancellation Notice required.
16.K.9.b
Packet Pg. 1949 Attachment: Site License Agreement (7044 : Mediated Settlement Agreement and Site License Agreement - Wannagofast v CC - Case No. 17-
Lessee's lnsurance Statement
we understand the Insurance requirements of these specifications and that the evidence of insurability may be
required within five (5) days of the award of this Lease agreement'
Name of Firm
Lessee Signature
Print Name
lnsurance AgencY
Agent Name Telephone Number
wannaGOFAST, LLC
16.K.9.b
Packet Pg. 1950 Attachment: Site License Agreement (7044 : Mediated Settlement Agreement and Site License Agreement - Wannagofast v CC - Case No. 17-
EXHIBIT C
RISK MANAGEMENT DEPARTMENT
STANDARD OPERATI NG PROCEDURE
SUBJECT: Emergency and Safety Operations at Motorsports Venues Program (ESOMV)
REFERENCE: NFPA 610, poLtcy FoR EMERGENCY AND sAFETy opERATtoNS ATMOTORSPORTS VENUES.
EFFECTIVE DATE: 512015 REVISION DATE: 112016
Purpose:
The purpose of this document is to provide guidance for the development of a system thal provides for
the safety of emergency response personnel and effective emergency operations at motorsports
facilities and events through planning, training, and equipping, and through the deployment of
necessary resources.
Therefore, this written plan is intended to provide a means to address those items and demonstrate
Collier County's compliance with the reporting requirements of County Managers Administration (CMA)
5902' NFPA 610 and all other applicable state and/or federal regulations and requirements, tn addition,
it is the policy of Collier County to comply with allworkers' compensation laws and regulations.
Scopp:
This policy applies to motorsports events held at both indoor and outdoor Collier County facitilies,
whether temporary or permanent, except for air or water events. This policy is not intended to apply tonon-motorsports events conducted at motorsports venues. lt is also recommended that an
implementation plan be developed based on the applicable portions of this policy.
Adm in istrative Dptiesi
Collier County's Risk Management Department is responsible and the Authority Having Jurisdiction
(AHJ) for developing and maintaining this written Emergency and Safety Operitions at Motorsports
Venues Program (ESoMV). The Risk Management Department is solely responsible for allfacets ofthe plan and has full authority to make necessary decisions to ensure the success of this plan. Collier
County's Safety staff is also qualified, by appropriate training and experience that is commensurate with
the complexity of the plan, to administer or oversee our Emergency and Safety operations at
Motorsports Venues Program (ESOMV) and to help department supervision implement the program
accordingly' Specific management, supervision and employee responsibilities are ouflined within this
document. The written ESOMV shall be kept at the following locations:
1. The Risk Management Department maintains a master copy2. Each location that falls under the ESOMV is responsible for ensuring compliance with plan and
providing site-specific APPENDIX information at their location in accordance with the policy.
Accountabilitv:
To ensure the (ESOMV) program and corrective aclions are completed thoroughly and accurately, Risk
Management has developed an auditing system that will be used to
101L4/20t6 4;09 PM
16.K.9.b
Packet Pg. 1951 Attachment: Site License Agreement (7044 : Mediated Settlement Agreement and Site License Agreement - Wannagofast v CC - Case No. 17-
program' This system of accountability is necessary to ensure that ail EsoMV rerated incidents, craims:::#,ilil':::'#il::',T'ffi[X,",1*d document"o, in**ghry investigateo, saieguaroeo
Definifions:
Aporoved. Acceptable to the authority having jurisdiction.
Authoritv Havinq Jurisdiction (Ah!|tr An organization, office, or. individual responsibre for enforcingl}:.::Tfments of a cod" oir;norro,'o,' ror approving'"iripr"nt, mareriajs, an insrailation, or a
,
"r,,ln"I3llll
primarilv responsibte for resroring a racing surface by mitisating
ffi.,I:;.1o.'.,onwheretheincidentcommanderandassociatedstaffarelocatedduring
ffi,J5,[:1?Hii::};j.,,i,$J::j:rtsvenueinwhichvehiclescompete,
critical lncident stress' An unusuat or traumatic event that creates or might create stress or other
1,,1'r:i:: ;:H}''iljilfffil: *,, r,.," u""n ",po*;'i;ih" ",ent but who ha," not necessariry
ffi A straight' open-ended course without turns that genera[y does not incorporate changes in
Emerqencv lncident' Any situation to which an emergency services organization responds to deriveremergency services' including rescue, firesuppression, emergency-medicarcare, speciar operations,taw enforcement, and other forms.inlirro controtr;i;it,g;on. [1561, 2oog]
,ffifi::H#,il:lyn',",,on,ibleforprovidingemergencymedical
Emeroencv Medical services (EMSr' The provision of treatment, such as first aid, cardiopurmonary
:ffi:fl1'J:l,,i$:ffi.T,'ffim:iTr[:;Tri;;;Tiii";pre-hospita,procedures, inc,udins
Emerqencv services Personnql' Personnel who are designated by the emergency action plan or whoare operating above the motorsports safety awareness rever to serve in responder or safety rores,including emergency medical p",.aonn"l, ,arshars, vehicre ,"aor"ry personner, rescue personner,security personnel, track fire fighters, ,rJ pit area fire fighters.
Event' A planned ,'l]Yiy or gathering of participants in which one or more motorized vehicres areoperated for speed and/or p"tro-.,i.e, which ls conoucteJat a motorsports venue and incrudes,but is not limited to' all related ..tiriti".,'such as , o"rign"t"d race as we, as a, periods for:,ilTffi:'.',i.',lll'31'iL[1[3;ffi::'Jl',:.:r"il:,.Il il;,ffi races, practice runs, exhibitions, post-
L0/14/20LG 4:09 pM
di^1.+r:1,
16.K.9.b
Packet Pg. 1952 Attachment: Site License Agreement (7044 : Mediated Settlement Agreement and Site License Agreement - Wannagofast v CC - Case No. 17-0380)
Motorsoorts Safetv Ooe.rations Level, A designation for the capability expected of operations personnel
that pertain to their specific responsibilities and duties as provided by the venue/event incident actionplan.
Motorsoorts Safetv Specialist Level. A designation for the capability expected of highly specializedpersonnel that pertains to the performance of their specific areas of rescue or emergency expertise asprovided by the venue/event incident action plan.
Motorgoorts Safetv Teghnician Level. A designation for the capability expected of emergencypersonnel that pertains to the implementation of rescue procedures as provided by the venue/event
incident action plan.
Motorsoorts Venue. A facility or designated area at which motorsports and related activities areconducted.
Multi-Casuallv lncident (MCl). An emergency casualty incident involving multiple persons with bodilyinjuries that exceeds the capacity of the medical resources available at the motorsports venue/event.
Multi-Use Facilitv' A motorsports venue that incorporates more than one type of course and isadaptable to a variety of motorsports disciplines.
A system mandated by Homeland SecurityPresidential Directive 5 (HSPD-S) that provides a consistent nationwide approach for federal, state,local, and tribal governments; the private sector; and nongovernmental organizations to workeffectively and efficiently together to prepare for, respond to, and recover from domestic incidents,regardless of cause, size, or complexity,
oi-Track Emeroencv Resoonse. Response to emergencies at a motorsports facility in areas otherthan the competition area and immediately adjacent lreas including, but not limited to, hospitalityareas, concession stands, cooking facilities, grandstands, parking areas, and media areas.
Paddock Area, A secured or restricted area in which competition and support vehicles are parked orstaged, or both, and in which work is performed.
Pit Area. A designated area in which work is performed on competition vehicles during the race orperformance.
Pit Area Fire Fiohter. A fire fighter who is responsible for providing fire suppression in the pit area andwho might be responsibre for fire suppression at the fuering depot,
Rescue Personnel. Personnel assigned to extricate injuied or trapped occupants from disabled
competition vehicles.
Road course. A closed, permanent course on which there are turns in both directions and that mightincorporate changes in elevation.
Sanctionino Bodv. The individual or organization responsible for the rules and conduct of thecompetition,
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s'a
16.K.9.b
Packet Pg. 1953 Attachment: Site License Agreement (7044 : Mediated Settlement Agreement and Site License Agreement - Wannagofast v CC - Case No. 17-
Security Personnel. Personnel, with or without arrest authority, assigned to control crowds and traffic
at a motorsports venue and whose duties might also including checking of credentials and
identification and deterring theft.
Site Fmeroencv Team. An organized group of trained response personnel operating under an
emergency response plan and appropriate standard operating procedures that handles and controls
actual or potential emergency incidents and that responds to emergencies for the purpose of control
or stabilization of the incident.
Street Cifcuit. A closed, temporary course on closed public or private roadways on which there are
turns in both directions and that might incorporate changes in elevation.
Terrorist Activities. Disruptive or violent actions taken by an organized group or individuals in order to
intimidate a population group or civil authorities.
Track Clean-Up P-ersonryel (Regtoration). Personnelwhose primary responsibility is to keep the racing
surface in proper condition for racing; sometimes called track restoration personnel.
Track Emerqencv Medical Persgnnel. Personnel assigned to emergency medical duties on and
adjacent to the competition area who respond by ambulance, safety vehicles, other vehicles, or on foot
and whose training levels range from first responder to medical doctor.
Track Fire Fiohter. A fire fighter primarily responsible for competition area fire suppression activities
and possibly extrication efforts.
Vehicle Recoverv Personnel. Personnel primarily responsible for the operation of vehicle recovery
equipment and the removal of disabled competition vehicles and their components from the
competition and adjacent areas.
Lolt4/20L6 4:09 PM
(c'.tri)
16.K.9.b
Packet Pg. 1954 Attachment: Site License Agreement (7044 : Mediated Settlement Agreement and Site License Agreement - Wannagofast v CC - Case No. 17-
SEQTION I : lncident Action Plan (lAP):
General. For each motorsports event, an incident action plan (lAP) will be prepared by the venue
owner/operator working in conjunction with Risk Management. Changing resources and event
characteristics might require ongoing modifications or built-in adaptability. A designated person will be
responsible for the maintenance of the plan.
For the purpose of this document, an IAP is a formal written plan that defines roles and
responsibilities; identifies potential emergency conditions at the event site; and prescribes the
procedures and objectives reflecting the overall incidenUevent strategy, tactics, risk management, and
member safety to be followed to minimize or prevent loss of life and property. This may also be referred
to as an emergency action plan (EAP) or emergency operations plan (EOP). lt will be noted that for
the purposes of this document, an IAP does not refer to an IAP as defined by the National Response
Framework and the National lncident Management System (NIMS).
Leve! of Event. For the purpose of developing lAPs, motorsports events are classified as Level I
through Level lll in this document.
1. A Level I motorsports event is an event that is generally perceived as posing less risk of injury than
that encountered in legal and responsible travel in an automobile on public roads. Events in this
leveltypically have less than 1000 people on site. Examples include, but are not limited to, club
or private events held usually in parking lots or other temporary facilities and autocrosses,
manufacturer ride and drives, or new car introductions at racing facilities,
2. A Level ll motorsports event is an event that is generally perceived as posing a risk of injury similar
to that encountered in legal and responsible travel in an automobile on public roads. Events in this
leveltypically have 1000 to 10,000 people on site. Examples would include, but not be limited to,
entry-level competitions, noncompetitive driving schools, motorcycle enduros, closed-course
rallies, street legal drag racing, stand-alone time trials, or karting or quarter midget competitions.
3. A Level lll motorsports event is an event that is generally perceived as posing a risk of injury
higher than those encountered in legal and responsible travel in an automobile on public roads.
Events in this leveltypically have greater than 10,000 people on site. Examples include, but are not
limited to, oval competitions, speed tests, road course speed events, tractor pulls, monster truck
events, drag racing, drifting, or motocross.
Statem.ent of Purpose.
1. The IAP will begin with a statement of purpose that defines the goals of the plan.
2, An example of a statement of purpose for a motorsports venue running Level I and ll events is as
follows: "This plan defines response systems for on{rack and off{rack incidents. This plan also
provides for coordination between the site emergency team response and AHJs to promote an
effective response,"
3. An example of a statement of purpose for a motorsports venue running Level lll events is as
follows: "The purpose of this incident action plan is to provide response procedures to protect
people and propefi during an emergency or disaster situation. This plan identifies and assigns
personnel to various tasks and responsibilities, thus creating the site emergency team. This plan
defines response systems for on-track and off-track incidents. This plan also provides for
coordination between the site emergency team response and AHJs to promote an effective
response."
4. All parties involved in the operations described in the IAP will know their responsibilities under the
plan.
10/14120L6 4:09 PM
1
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16.K.9.b
Packet Pg. 1955 Attachment: Site License Agreement (7044 : Mediated Settlement Agreement and Site License Agreement - Wannagofast v CC - Case No. 17-
7.
Adaotinq IAP to Resources and Event.
1. The IAP will be capable of being scaled to the size and type of event.
2. The IAP will be applied based on the level of event. This requires the owner/operator to address
the hazards expected from the type of event planned as well as the expected quantity of persons
present.
3. The IAP will identify the number and types of roles necessary to carry out the objectives of the plan,
Consistencv with Plans of the Bgard of Countv Commissioners (BCC).
1, The IAP will be consistent with emergency operation plans of the BCC. Motorsports venues are
designed in different configurations, based on the type of competition/performance that takes place
at a facility. Facilities include, but are not limited to, ovals, drag strips, road courses, street circuits,
arenas, major facilities, and multi-use facilities. The facility might be located within a major city or in
a rural area. Due to these variables, it is important that the facility, when preparing an lAP, work
closely with the local providers of emergency services to incorporate its plan into their communi$
emergency plan.
2. The venue might be responsible for meeting the requirements placed on it by the AHJs
beyond the guidelines given in this document.
Manaqement Structure.
1. The IAP will define a management structure for handling emergency situations.
2. The management structure will be based on an incident management system (lMS) consistent
with NFPA 1561, Standard on Emergency Services lncident Management System.
3. For Level I and ll events, the IAP may depend on the expertise and resources of outside
responding agencies and personnel to initiate response and manage the emergency based on
the National lncident Management System (NIMS).
4. For Level lll events, venue offlcials and responders will provide a coordinated response based on
the NIMS.
The IAP will provide for the coordination of efforts by the wide variety of agencies that might
interacl in an emergency situation, including event staff, local agencies, state agencies, and federal
authorities.
The IAP will be provided to all agencies identified in the plan, and such agencies will acknowledge
their participating roles in the plan.
The IAP will provide for unified command with an incident commander (lC) and a predefined
command post location. For Level I motorsports events, such a command post location could be a
designated meeting location where coordinators for each of the emergency operations could
gather. For Level Il and Level lll motorsports events, the command post might be a flxed facility
equipped with communications and command/control technology.
The IAP will establish a predetermined area for staging of resources, giving consideration to
arrival and depafiure access.
8.
{iri{ri
I
LllL4l20rG 4:09 PM
16.K.9.b
Packet Pg. 1956 Attachment: Site License Agreement (7044 : Mediated Settlement Agreement and Site License Agreement - Wannagofast v CC - Case No. 17-
9' The IAP will provide for the creation and d.istribution to participating agencies designated in theplan and to on-site personnel of current site location iniormation that includes significant featureson the property. This information could be disseminateo as a map. However, to provide moreflexibility, some feature?: slc! as gates, might be uettei Jescribed as being located near aseating section or a particular build'ing, rathei tnan Liing lnctuded as part of a map detail.
10' IAP components. The IAP will contain the components specified in 4.l.1through 4.7 .10.4 for allmotorsportsvenues, events, or both. The amountoroetiit includedroreacn componentisdependent on the le-vel of the event, the identifieo naiaros of the event, and the lncident ActionPlan Checktist (see Figure 4.12).
Fire Protection Comoonent,
1' The IAP will include fire protection information for the facility and the event. lt is important that theplan include inform.ation.on any materials that presenll'Rre nazaro specific to the event,including their location, the quantity of material,'ano
'no*'il,r"
materiali-ii" o-iitriorted, togetherwith the impact the presence of the materials could have on the event or on the personspresent at the event.
2' The IAP will include information on the fire protection available at the venue. This could includeinformation related to fire alarm systems,.standpipe ryrt"rr, sprinkler rvri"rr, lire extinguishingsystems' and fire hydrants or other available ri.t"r rlrrorr.es. the ioei,tincJtiin of the agenciesand amethodto conta.ct those responsiblefor the ,.i,.,Lnrn.e orrepair of theseflreprotection systems are important if a system needs ,"p"ii.
-
3' To supplement the fixed fire protection, an inventory of fire suppression vehicles and equipmentscheduled to be on the property and the methods o? contaci for agencies and managementpersonnel responsible for response to firerelat"o .."n.its will be part of an lAp.
4' ThelAPmustincludeidentificationoftheagenciesand amethodto contact those responsibleforthe fire protection of the facility.
1.
4.
Traffic Control Comoonent.
The haffic control component will include plans for inbound and outbound flow of emergencyvehicres and provisions for emergency evacuation of ail or part of the site.
The traffic control component will include the identification and method of contact for agencies or
flliii|?l;onlborh
asencies and persons, responsibre for traffic flow manas"r;rt;r; emersency
Emergency Medical service.s (Fusl component. The lAp will include EMS response informationfor the venue, the event, or boih.
EMS response information generally will include..an inventory of EMS equipment and staffingscheduled to be at the venue as weil as the identification and metnod of contact of agencies andmanagement personner responsibre for response to a medicar "r"ij"nal.
"rsvr v'! q!
5' The IAP will identify the emergency medical. care provided at the event and the procedure forobtaining an additionar rever oi care or a higher revEr oi caie if necessary.
Multi-Casuattv lncldent (MCt).
70/L4/20LG 4:09 pM
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16.K.9.b
Packet Pg. 1957 Attachment: Site License Agreement (7044 : Mediated Settlement Agreement and Site License Agreement - Wannagofast v CC - Case No. 17-
1. The IAP will provide for coordination between EMS and public safety agencies having
jurisdiction in the area where the venue is located, for the purpose of managing an MCl,
2. Agencies and management personnel responsible for response to MCls will be identified along with
methods of contact.
3. Must include the protocolfor entering the incident into STARS with 24 hours.
4. Civil Disturbance/Terrorist lncidenUActive Shooter. The IAP will include a component for response
to possible disruptive or terrorist activities.
!-lazardous Materia ls lncidents.
1. The IAP must utilize the Collier County's Emergency Spill Response Procedure (ESRP) to develop
these section and to identify any necessary resources anticipated to mitigate any hazardous
materials incident that impacts the site.
2. The IAP will include information on the location of the material safety data sheet (MSDS) for
hazardous materials on the site,
3. The IAP will include contact information for response agencies that could assist with hazardous
materials incidents that might occur on site,
Environmentallv Threatenino lncidents. lEcludlno Weather Related ?roblems.
1. The IAP will consider the management of weather-related and environmental problems,
including factors such as the geographic location of the venue and conditions unique to the local
area or time of year.
A. The IAP will contain procedures for the following:
1, Receipt of weather and other emergency warnings
2. Event cancellation prior to or after the start of activities
3. Notification of warnings to participants, staff, and guests
4. Evacuating, sheltering, or providing direction to people potentially affected by the threat
2. Planning will consider conditions that can adversely impact an event, such as the following:
3, Simultaneous events at other nearby venues
4. Government-declared emergencies or warnings, such as predicted deteriorating weather or
environmental problems
5. Proximity to other locations or operations with the potentialfor creating environmental hazards,
such as rail yards, manufacturing facilities, and nuclear power plants
6. Relocation/Evacuation, Planning for the complete or partial relocation/evacuation of a facility will
include the following:
7. Person(s) authorized to order the relocation/evacuation prior to or after the start of activities
8. Consideration of the estimated time to complete the relocation/evacuation
L Notification procedure for the relocation/evacuation of participants, staff, and guests
10. Assistance and resources needed to effect an orderly relocation/evacuation
tllt4lz0L6 4:09 PM
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16.K.9.b
Packet Pg. 1958 Attachment: Site License Agreement (7044 : Mediated Settlement Agreement and Site License Agreement - Wannagofast v CC - Case No. 17-
11. Availability and utilization of shelters on site or off site
12. Resources. The lAp will consider the utilization of available resources to deal with an emergency
situation,
Personnel.
The tAp wilt describe each position key to the provisions of the plan and the primary responsibilities
of that position as it relates to the plah. Personnel resources that the plan may identify include the
following:
1 . Administrative/evenUmaintenance staff
2. Sanctioning body staff/officials
3. Security/law enforcement personnel
4. Fire personnel
5. EMS personnel
6, Emergency management representatives
7. Contracted service Providers
Eouioment and SuPPlies.
The lAp will identify and determine the availability of internal and external resources that could be
used in an emergency situation, such as the following:
1. Heavy equipment
2. Generators
3. Power tools
4. Traffic barriers
5. Fencing
6. Construction materials
7. Fire-fighting equiPment
8. Technical rescue equiPment
9. Portable lighting
10. Patient care equipment and multi-casualty equipment
1 1. Refrigeration facilities
12. Welding and cutting tools
1 3. Debris removal equiPment
14. Hazardous waste mitigation equipment
Transoortation.
The tAp will identify and determine the availability of transportation resources that could be used in
an emergency situation, such as the following:
1. Trams
2. Tractors
3. Buses
4. Trucks
5. Personal vehicles
6, Agency vehicles available for movement of personnel and victims
Communication ComPonent.
1olL4l20t6 4:09 PM
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16.K.9.b
Packet Pg. 1959 Attachment: Site License Agreement (7044 : Mediated Settlement Agreement and Site License Agreement - Wannagofast v CC - Case No. 17-
1. The IAP will include an emergency communication component to establish coordination of all
communication systems operating at the event, including the following:
A, Public address system and digital message board (if available)B. Broadcast radio frequency for public announcements
C. Two-way radio system, channel assignments, or both
D. Telephone systems (internal and external)
E. Cell/satellite systems information
F. Data systems
G, Social media
2. Consideration will be given to communication challenges that might arise, especially during an
emergency, such as the following:
A. Communication with marshals, response personnel, and administrative/event staffB. Notification of guests and participants
C. Responsibility for the following:
1. Communication with the news media2. Authorized release of information and the wording of media releases3. Locations for interviews or press conferences4. ldentification of contacts to provide information
3' Communication systems failures due to equipment failure, interference, or systems overload
4.
5.
1.
Where a backup communication system that could be used in the event of a failure of the primary
system is identified, the backup system will consist of a technology sufficiently different from the
qrlmary system to make failure of the backup system unlikely irithe event of a primary systemfailure.
Pre-event testing of communicalion systems will be part of the lAP. lt might not be possible to testsome parts of the system until the event is in full progress. At that time, pioblems reiated to
equipment positioning and radio channel interference might first become apparent, and
alternatives will be considered.
Pre-Event Aqreements.
Prior arrangements for assistance from outside agencies for resources such as fire, rescue, law
enforcement, EMS, and contracted services will be established and contracts reviewed by Risk
Management for insurance coverage.
lncidents or events that might require multiple jurisdictional responses will be identified.
Crltical lncldent Stress Debriefino (CISD).
2.
1.
2.
A process for identifying incidents in which critical incident stress is a signiflcant hazard will be
established and will include identifying personneladversely affected byincident stress andpromptly initiating criticat incident stress debriefing (CtSD).
CISD assistance and resource availability will be identified.
Death at the Venue.
1. The IAP must include procedures for notification of appropriate authorities and compliance with
local statutes in the event of a death at the venue.2. These individuals must be included and contacted immediately.
LO/74l2OrG 4:09 PM
16.K.9.b
Packet Pg. 1960 Attachment: Site License Agreement (7044 : Mediated Settlement Agreement and Site License Agreement - Wannagofast v CC - Case No. 17-
1
i
I
I
I
I
B.
c,
D.
1.
2.
Review.
j. The IAP will be reviewed annually by Risk Management and the location Director as appropriate to
meet current or future conditions.
Z. A post-incident review will be held with participating agencies to identify practices that could benefit
from additional attention or plan revision.
SECTION l!: TRAINING
Any paid or volunteer personnel having an assignment or defined responsibility with a motorsports
facility or serving a designated function at a motorsports venue will be informed or trained using the
levels commensurate with their assigned function, Personnel performing the described assignments
will receive periodic, updated training.
Training will be conducted by personnelwho are qualified through formaltraining and have
experience in this field. This includes trainers such as an equipment manufacturer or a sanctioning
body that has a formaltraining program.
Motorsoorts Safetv Awareness Leve!.
1 . Persons functioning at the motorsports awareness level will be informed of the race facility and the
possible hazards, how to call for assistance, and their role, if any, in the incident action plan (lAP).
This information, if applicable, will include the following:
A. Recognitionofwhathazards existintheir area of operation and the potential incidents
associated with those hazards
Recognition of the presence of a hazardous situation or safety threat
ldentification of an emergency incident
Familiarization of basic safety measures to take to protect themselves from the risks associated
with the incident
E. Realization ofthe need for immediate assistance and the ability to make appropriate
notifications as identified in the IAP
F. Familiarization of reasonable and prudent initial actions that might reduce the severity of the
incident
G. Familiarizationofthe existence ofthe incidentmanagement system(lMS)andthepublic
relations plan
H. Knowledge of facility features and access/egress points
Justin Lobb Airport Manager 642-7878 571-0232
Jeff Walker Risk Momt Director 252-8461 580-8310
Ron Miller EHS Manager 252-8091 821 -9753
Dan Rodriquez SHWMD Director 2s2-2508 253{866
Alister Burnett Env Compliance Mgr 252-7953 280-8474
Dennis Linguidi Facilities Director 252-8380
Dan Summers Emergency Mgmt 252-3600
Rebecca Adams Risk Finance Mgr 2s2-8839 4s1-8929
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16.K.9.b
Packet Pg. 1961 Attachment: Site License Agreement (7044 : Mediated Settlement Agreement and Site License Agreement - Wannagofast v CC - Case No. 17-
2. lt is not the intent of this guide to expect someone informed at the awareness levelto take an
aggressive role in reducing the severity of the incident. However, there might be actions the person
could take as they move to a safe area, such as closing a door, shutting off a fuelvalve on a burner,
shutting off a power switch, or directing people away from the incident area, as these actions could
reduce the severity of the incident without jeopardizing their own safety,
Motorsports Safetv Operations Level.
Persons expected to function at the motorsports safety operations level will be informed to the
motorsports safety awareness level; have knowledge of the facilities and the event specific hazards;
know how to call for emergency assistance; have the knowledge, skill, and ability to take first
emergency mitigation actions in their areas of operation; and understand their role in the lAP.
Motorsports safety operations-level persons typically include pit area fire fighter, track clean-up
personnel, repair and maintenance workers, off-track emergency responders, track emergency
medical personnel (non-rescue), marshals, vehicle recovery workers, security, and evenUvenue
officials, Training programs will be identified that can assist the individual to develop the following:
A. Knowledge, skill, and ability to recognize and identify hazards
B, Knowledge, skill, and ability to select and properly use personal protective equipment (PPE)
appropriate to the function or assignment
C, Knowledge, skill, and ability to function within an assigned role in the National lncident
Management System (NIMS)
D. Knowledge, skill, and ability to suppress incipient flres with a portable fire extinguisher
E. Knowledge, skill, and ability to perform hazard control operations, incident mitigation, and
extrication operations within the capabilities of the resources and PPE available in their areas
of operation
F. Knowledge, skill, and ability to use basic equipment and follow established emergency
guidelines
G. Knowledge, skill, and ability of appropriate measures to assist or rescue victims
H. Knowledge, skill, and ability of procedures to return to routine operation
Motorsoorts SafeW Technician Level.
Persons expected to function at the motorsports safety technician level will have the
knowledge, skills, and ability of the motorsports safety operations level; have knowledge of the
facilities and the event-specific hazards; have the knowledge, skill, and ability to take emergency
mitigation actions in their areas of operation; and understand their role in the lAP.
Persons trained to the motorsports safety technician level may include pit area fire fighters,
track fire fighters, and combination or cross-trained personnel responsible for extrication, rescue,
and/or emergency medical services (EMS). Training programs will be identified that can assist the
individual to develop the following:
A. Knowledge, skill, and ability to implement the venue's IAP
B. Knowledge, skill, and ability to function within an assigned role in the NIMS
C. Knowledge, skill, and ability to select and use proper PPE for the technician level
D. Knowledge, skill, and ability to use hazard and risk assessment techniques
E. Knowledge, skill, and ability to suppress fires that are commonly expected at the venue/event
or in their specific assignment, given adequate equipment
1.
2.
1
2,
LA/L4/IOLG 4:09 PM
16.K.9.b
Packet Pg. 1962 Attachment: Site License Agreement (7044 : Mediated Settlement Agreement and Site License Agreement - Wannagofast v CC - Case No. 17-
F. Knowledge, skill, and ability to perform advanced hazard control operations, incident
mitigation, and rescue operations within the capabilities of the resources and PPE available
in their areas of operation
G. Knowledge, skill, and ability to extricate or remove victims
H, Knowledge, skill, and ability to conduct basic patient assessment, initiate patient care, and call
for advanced medical support
l. Knowledge ofthe typeof competitivevehiclesand specificfeatures andhazards associated
with those vehicles
J. Knowledge, skill, and abili$ to use event-specific special equipment, including power tools used
to cut or remove vehicle body and structural components
K, Knowledge, skill, and ability to apply the relevant standard operating procedures guidelines
L. Knowledge, skill, and ability to implement the procedures to return to routine operation
M. Knowledge, skill, and ability to drive and operate an on track emergency response vehicle
Motorsports SafeW Speciallst Level.
1. Persons expected to function to the motorsports safety specialist level will have the knowledge,
skills, and ability of the motorsports safety operations level; have knowledge of the facilities and the
event-specific hazards; have a speciflc knowledge, skill, or ability to take specialized mitigation
actions in their demonstrated areas of expertise; and understand their role in the lAP.
2. The motorsports safety specialist would include on-track physicians; hazardous entry,
stabilization, and extrication specialists; recovery vehicle operators; and specialized track
maintenance personnel. Training programs will be identifled that can assist the individual to
develop the following:
A. Knowledge, skill, and ability to select, apply, and use specialized equipmenl, PPE, and
procedures necessary to perform lheir assigned function
B. Knowledge, skill, and ability to perform specific and specialized hazard control operations,
incident mitigation, or extrication operations within the capabilities of the resources in their
specific areas of operation
Motors ports Safetv Conl ntand/Manaoer.
Persons expected to function to the
knowledge, skills, and ability of the
safety command/ manager level will have the
safety operations level; have detailed knowledge of
the facilities and the event-specific hazards;the knowledge, skill, and ability to command or
direct emergency mitigation actions; and
identified that can assist the individual to
all roles in the lAP. Training programs will be
the following:
Knowledge, skill, and ability to implement direct the IMS
Knowledge, skill, and ability to implement manage the evenUvenue IAP
Knowledge of the hazards and risks
roles
with personnel working in motorsports safety
Knowledge, skill, and ability to activate and coordinate with external emergency resources
Knowledge of the responsibility to the AHJ
A.
B.
c,
D.
E.
a;r,.,ri
10/t4/2oL6 4:09 PM
16.K.9.b
Packet Pg. 1963 Attachment: Site License Agreement (7044 : Mediated Settlement Agreement and Site License Agreement - Wannagofast v CC - Case No. 17-
SECTIOi! lll: Persgnal Protective Equlpment (PPE)
1. All personnel with assigned responsibilities at a motorsports venue will wear appropriate personal
protective equipment (PPE) commensurate with the hazards associated with their assignment, as
determined by a PPE HazardlRisk Assessment conducted by Risk Management and must contain
the following:
A. PPE selection by PPE Hazard Analysis by Risk Management
B. Correct aPPlication and usage
C, Storage, maintenance, and inspection procedures
D. Training
2. personnelfunctioning in multiple capacities willwear PPE commensurate with the task associated
with the highest level of exposure. For example, personnelwhose primary responsibility is
emergency medical service (EMS) might also be responsible for fire fighting. When such personnel
are performing the more hazardous duty, in this case fire fighting, they witl be protected to that
higher level when performing that task, Therefore, members can be attired in their EMS uniform'
while having the fire-fighting PPE available for use when a fire occurs.
3. ppE will be selected and used in accordance with the manufacturer's instructions, Some protective
clothing designed for motorsports competitive use is not intended for fire-fighting use.
4, During selection of ppE,careful considerationwill begiventofitandcomfort.PPEthatfitspoorly
will not atford the necessary protection. lnitial and continued wearing of the PPE is more likely if it
fits the wearer comfortablY.
S. ppE will be maintained and stored in accordance with the manufacturer's instructions.
6. ppE alone will not be relied on to provide all levels of protection against all hazards.
7. ppE will be used in conjunction with proper use of tools and equipment, proper training, standard
operating guidelines, and deployment of personnel to minimize the risk(s) to responders.
g. ppE meeting the requirements of a standard or specification is designed to provide a specific level
of protection and will not be used beyond the level for which it is intended.
Eve Protectlon.
1. Care will be taken to recognize the possibility of multiple and simultaneous exposure to a
variety of eye hazards, A list of the hazards expected to be encountered will be developed'
Examples of the expected hazards are impactfrom flying debris, dust, heat, chemical splash,
bloodborne pathogens, glare, and optical radiation from welding or a cutting torch.
z. personnel exposed to a potential hazard or dealing with a specific incident will use primary face and
eye protection appropriate for that given specific hazard'
3. Face and eye protection will meet the requirements of 29 CFR 1910'133, "Eye and face
protection," or ANSI/iSE A 287 ,1, Occupational and Educational Personal Eye and Face Protection
Devices.
4. Emergency medical personnel or others with potential exposure to bloodborne pathogens will wear
eye protection in accordance with the requirements of 29 CFR 1910'1030' "Bloodborne
pathogens."
5. persons whose vision requires the use of prescription lenses willwear either protective devices
fitted with prescription lenses or protective devices designed to be worn over regular prescription
eyewear when required.
rcl1al2OL6 4:09 PM
16.K.9.b
Packet Pg. 1964 Attachment: Site License Agreement (7044 : Mediated Settlement Agreement and Site License Agreement - Wannagofast v CC - Case No. 17-0380)
6. Wearers of contact lenses will wear appropriate eye and face protection devices in a hazardous
environment. Dust, high heat, or chemical environments might represent an additional hazard to
contact lens wearers.
Foot Protection.
1. All personnel with assigned responsibilities at a motorsports venue will wear appropriate protective
footwear commensurate with the hazards associated with their assignment. The footwear
appropriate for motorsports emergency response can be variable.
Z. Track clean-up personnel, vehicle recovery personnel, marshals, and EMS personnelwillwear
appropriate closed toe protective footwear commensurate with the tasks they routinely perform'
3. Purpos+built shoes designed expressly for the needs of an emergency response team can be used
but will consist of a sole with heel, totally enclosed upper of leather or heat and flame-resistant
material, insole, and shank, and will provide some amount of penetration, impact, and compression
protection. Both the sole and heel will be of nonslip tread. Additional considerations will include
double-welt construction, toe and metatarsal protection, and bloodborne pathogen protection.
4, Boots that meet the requirements of NFPA 1951, Standard on Protective Ensembles for Technical
Rescue lncidents; NFPA 1977, Standard on Protective Clothing and Equipment for Wildland Fire
Fighting; NFPA 1971, Standard on Protective Ensembles for Structural Fire Fighting and
proximity Fire Fighting; or ASTM F 2419, Standard Specification for Performance Requirements
for Protective (Safety) Footwear, are examples of boots that could be chosen. These standards are
noted for guidance and suggestion and are not intended to limit the user' Other purpose-built
footwear that incorporates the protection features of these standards but that might not
specifically meet the standards could be worn if approved by Risk Management in accordance with
CMA 5806 Protective Footwear.
Hald Protectlqn.
1. The activities of each function will be studied to determine the degree of dexterity required and the
duration, frequency, and degree of exposure to the hazard. No single glove can provide protection
against all potential hand hazards.
Z, Track clean-up and vehicle recovery personnel will wear gloves that provide protection from heat,
sharp objects, or rough surfaces.
3.
4. personnel engaged in fire fighting will wear gloves that provide thermal protection, conductive
heat resistance, flame resistance, cut resistance, puncture resistance, dexterity, and grip
characteristics. Gloves that meet the requirements of NFPA 1971, Standard on Protective
Ensembtes for Structural Fire Fighting and Proximity Fire Fighting, or NFPA 1977' Standard on
protective Clothing and Equipment for Wildland Fire Fighting (protective work glove only), are
examples of gloves that could be chosen. These standards are noted for guidance and
suggestion and are not intended to limit the user.
S, personnel engaged in extrication willwear gloves that provide thermal protection, conductive heat
resistance, cut resistance, puncture resistance, dexterity, and grip characteristics. Gloves that
meet the requirements of NFPA 1951, Standard on Protective Ensembles for Technical Rescue
lncidents; NFPA 1971 , Standard on Protective Ensembles for Structural Fire Fighting and Proximity
Fire Fighting; or NFPA 1977, Standard on Protective Clothing and Equipment for Wildland Fire
Fighting (protective work glove only), are examples of gloves that could be chosen. These
standards are noted for guidance and suggestion and are not intended to limit the user.
101t4/2016 4:09 PM
16.K.9.b
Packet Pg. 1965 Attachment: Site License Agreement (7044 : Mediated Settlement Agreement and Site License Agreement - Wannagofast v CC - Case No. 17-0380)
2.
3.
6. Personnelwillwear emergency medical gloves when providing emergency medical care that
exposes them to the hazards of Bloodborne pathogens.
7. Medical gloves will be single-use, be disposable, and meet the requirements of ASTM D 3578,
Standard Specification for Rubber Examination Gloves.
8. Universal precautions will be followed when treating any victim of illness or injury. Different
localities and jurisdictions mandate different levels of protection for the worker. NFPA 1581,
Standard on Fire Department lnfection Control Program, and 29 CFR 1910.1030, "Bloodborne
pathogens," can be used as reference to determine the proper level of protection for the worker.
Head Protection.
1. Thermal Protectionmust beprovidedbyaprotectivehood designedtoprovidelimited protection
to the head, face, and neck.
Pit area fire fighters and track fire fighters involved in fire suppression operations will wear a hood
that meets the requirements of NFPA 1971, Standard on Protective Ensembles for Structural Fire
Fighting and Proximity Fire Fighting.
EMS and rescue personnelwho might be exposed to flash flre will wear a hood that meets the
requirements of NFPA '1971, Standard on Protective Ensembles for Structural Fire Fighting and
Proximity Fire Fighting, or SFI 3,3, Driver Accessories.
lmpact Protection.
1. Personnel riding in or on response vehicles will be seated and restrained with a safety belt at all
times while the vehicle is in motion,
lf the job function is such that personnel cannot be seated and belted, they will wear impact
protection that provides protection for the head. Helmets that meet the requirements of Snell,
SA2000, SA2005, or SA2010, Standard for Protective Headgear for Use in Competitive Automotive
Sports; Snell, M2000, M2005, or M2010, Standard for ProtectiveHeadgearforUsewith
Motorcycles and Other Motorized Vehicles; SFI Specification
Flame Resistant Motorsports Helmet - Open Face; 31.2A, Flame Resistant Motorsports Helmet -Closed Face; 31 .112005, Flame Resistant Motorsports Helmet; 41.1A, Motorsports Helmets -Open Face;
Motorsports Helmets - Closed Face; or 41,112005, Motorsports Helmets; or DOT helmets are
some examples of the type of head protection that could be wom by personnel exposed to falls
from moving vehicles. These documents are noted for guidance and suggestion and are not
intended to limit the user.
Pit area fire fighters who are exposed to the hazards of flying debris and tools will wear head
protection thatprovides impact protection. Helmets that meet the requirements of NFPA 1971,
Standard on Protective Ensembles for Structural Fire Fighting and Proximity Fire Fighting; Snell,
542000, SA2005, or SA2010, Standard for Protective Headgear for Use in Competitive Automotive
Sports; Snell, M2000, M2005, or M2010, Standard for Protective Headgear for Use with
Motorcycles and Other Motorized Vehicles; SFI Specification 31.1A, Flame Resistant Motorsports
Helmet - Open Face; 31.2A, Flame Resistant Motorsports Helmet - Closed Face; 31 .112005,
Flame Resistant Motorsports Helmet;
Motorsports Helmets - Open Face; 41.2A, Motorsports Helmets - Closed Face; or 41.'112005,
Motorsports Helmets; or DOT helmets are some examples of the type of head protection that could
be worn. These documents are noted for guidance and suggestion and are not intended to limit the
USCT.
LO/L4l}Arc 4:09 PM
2.
3.
4.
5.
6.
i.-. t! ij,.i
16.K.9.b
Packet Pg. 1966 Attachment: Site License Agreement (7044 : Mediated Settlement Agreement and Site License Agreement - Wannagofast v CC - Case No. 17-
Hearino Protectlon.
Hearing protection will be worn by all personnel exposed to high noise-level hazards in accordance
with 2g cFR 1glo,g5, ,,occupational noise exposure." osHA sets legal limits on noise exposure in the
workplace, These limits are based on a worker's time weighted average over an I hour day' With noise,
OSHA's permissible exposure limit (PEL) is 90 dBA for allworkers for an I hour day, but only 2 hours
over 100 dBA.
Torso Protection.
,1. Pit fire fighters, track fire fighters, and rescue personnel have the potential to be exposed to
both flash fires and running fuelfires and will be protected from the dangers from both types of
fires as well as the radiant heat expected while engaged in fire-fighting operations'
2. pit area fire fighters, track flre fighters, and certain rescue personnel who actively engage in or are
exposed to the hazards of fire fighting will wear a protective garment that meets or exceeds the
requirements of NFpA 1g71, Standard on Protective Ensembles for Structural Fire Fighting and
ProximitY Fire Fighting.
3. Alternatively, a protective garment that meets or exceeds the requirements of sFl 3'2N5' Driver
Suits, may be used only when worn in conjunction with fire-resistant thermal protection
underwear.
4. EMS personnel or rescue personnelwho are actively engaged in extrication that exposes the
personnel to flash flres will wear a protective garment that meets the requirements of NFPA 't951'
Standard on protective EnsemblesforTechnical Rescue lncidents; NFPA 1977, Standard on
Protective Clothing and Equipment for Wildland Fire Fighting; or SFI 3'2N1' Driver Suits' EMS
personnelwho Oo not participate in extrication will be protected as outlined in 6'7'6' Flame-resistant
inermal protection underwear will be worn with an SFI 3.2Al1-rated protective garment'
5. personnel who actively engage in or are exposed to the hazards of fire fighting will avoid wearing
clothing that is considered unsafe due to poor thermal stability or poor flame resistant
characteristics, such as nylon or polyester, Such garments could cause injury to the wearer
despite the appropriate protective garments worn over or under such clothing'
6. Track clean-up and vehicle recovery personnel and marshals willwear cotton, wool, or similarly
flame-retardant, long-sleeved, long-legged clothing'
7. All EMS personnelwill use appropriate PPE *n"n providing emergency medical care that
potentialy exposes the personnel to the hazards of bloodborne pathogens, The federal OSHA
standard 29 cFR 1g10.1030(cx3xi), "Bloodborne pathogens," defines protective equipment as
,,appropriate,'only if it does not permit blood or other potentially infectious materials to pass
through to or reach the employee's work clothes, street clothes, undergarments' skin'
eyes, mouth, or other mucous membranes under normal conditions of use and for the duration of
time that the protective equipment will be used'
g. personnet operating at motorsports events will be attired in clothing that provides function
identiflcation and maximum visibility within the operational environment'
g. consideration will be given for protective garments to have fluorescent and/or retro reflective trim
permanengy attached to the outer layer of protective garments to provide visibility' Some garments
meeting NFPA ppE standards will already meet this requirement. lf other protective garments do
not already have retro reflective properties, a secondary garment such as a fluorescent vest with
retro reflective trim or a light source will be worn'
ic.r.uit)lt4/2016 4:09 PM
16.K.9.b
Packet Pg. 1967 Attachment: Site License Agreement (7044 : Mediated Settlement Agreement and Site License Agreement - Wannagofast v CC - Case No. 17-
The goal of emergency services personnel at any motorsports venue/event is to respond to an
emergency situation with minimal time delays and with the necessary equipment to handle the
incident and to protect persons from further injury.
1. Fire Suppression Equipment. Fire suppression equipment will be available for immediate
deployment at a motorsports venue, Fire extinguishers or other fire-fighting equipment will also
be available in, but not limited, to competition areas and areas designated for working on
competitive vehicles. These areas can include garages, paddock areas, staging areas, and pit
areas not adjacent to the competition area. Fire extinguishers will also be available anywhere fuel
is handled, transferred, or stored. Such equipment is the first line of defense in the event of a fire.
Fire suppression equipment can be divided into two categories: portable fire extinguishers and
motorized fire-fighting vehicles.
2. Portable Extinguishers. NFPA 10, Standard for Portable Fire Extinguishers, provides detailed
information about the selection, use, and maintenance of portable fire extinguishers.
3. The five common classes of fires are as follows:
A, Class A, which are fires in ordinary combustible materials such as wood, paper, cloth, rubber,
and many plastics.
B. Class B, which are fires in flammable liquids such as gasoline, alcohol, and nitro methane; and
combustible liquids such as diesel oil, motor oil, and greases.
C. Class C, which are fires that involve energized electrical equipment. Water will not be used on
energized electrical equipment, since it exposes the user to the risk of electrocution.
D. Class D, which are fires in combustible metals, such as magnesium and titanium. Application of
water on combustible metals might cause a violent reaction.
E, Class K, which are fires in cooking appliances that involve combustible cooking media
(vegetable or animal oils and fats).
4. Only listed and labeled portable fire extinguishers will be used, to ensure that compliance with
minimum construction and performance requirements has been met.
5. The size of the portable fire extinguisher will be matched to the hazard that is being protected.
The extinguisher or a combination of extinguishers must be able to extinguish the various types of
fires that might occur in each area to be protected. ln the case of exotic fuels or special
hazards, it might be necessary to refer to material safety data sheets (MSDSs) for health
hazards and special fire-fighting agents or equipment that will be used. Some materials used
in the construction of motorsports vehicles might present health hazards, unique
extinguishing requirements, or both.
6. Dry chemical extinguishers having a minimum agent capacity of 10lb (4.54 kg) and having a
discharge rate of at least 1 lb/sec (0.45 kg/sec) or more will be available.
7. Each fire extinguisher will be inspected and maintained as recommended by the manufacturer
service manual before each deployment for an event.
8. Each extinguisher will be maintained annually by a trained and certified fire extinguisher service
technician.
L An adequate supply of replacement units will be on hand and available to be deployed prior to
resuming the event.
10. Fire extinguishers will be placed at intervals around the competition area to facilitate rapid
deployment and application. lt might also be necessary to provide other types of suppression
agents or backup fire suppression capabilities such as water buckets or supplied water hose reels.
It is important that properly trained personnel are stationed near the extinguishers to minimize
response time during a flre.
i!' i,
LA/L4l2Ol6 4:09 PM
16.K.9.b
Packet Pg. 1968 Attachment: Site License Agreement (7044 : Mediated Settlement Agreement and Site License Agreement - Wannagofast v CC - Case No. 17-
11. Fire extinguishers or other fire-fighting equipment will also be available in areas designated for
working on competitive vehicles. These areas can include garages, paddock areas, staging
areas, and pit areas not adjacent to the competition area. Fire extinguishers will also be
available anywhere fuel is transferred from one container to another, whether from fuel storage
facilities to a vehicle or intermediate container, or from an intermediate container to a vehicle'
Motorized Fi re-Fiqhtino Vehicles/Apparatus.
1. A Motorized fire-fighting vehicle wlll be provided where the distances are such that there is not
time for a sufficient number of emergency services personnel with portable extinguishers to
respond on foot, or where there is a potential need for fire-fighting capability beyond that
which can be delivered with portable fire extinguishers. The size and layout of the competition
area to be covered, the access points, and the type of motorsports event to be held must all be
considerations when determining ontrack fire suppression needs.
2. The motorized flre-fighting vehicle can be a specifically designed fire-fighting apparatus, or a
vehicle as simple as a pickup truck, quad-runner, or golf cart-type vehicle equipped with fire'
fighting equiPment.
3. The motorized fire-fighting vehicle will be equipped with a fire-extinguishing agent(s) appropriate
for the location and hazard expected to be encountered, Examples include, but are limited to,
the following:
A. A large listed and labeled portable fire extinguisher mounted in or secured to the vehicle,
that typicaly contains about 125 lb (57 kg) or more of a dry chemical extinguishing agent that
is discharged through a hose with a control nozzle at the end of the hose
B. A minimum 75 gal (285 L) water tank with a pump or a pressurized water tank and a minimum
of 50 ft (15 m) of hose with appropriate fire-fighting nozzle'
C. A minimum gb gat (115 L) capacity alcohol-resistint aqueous film-forming foam (AR-AFFF)
system w1h ap-uhi or piessurizeO tanX and with a minimum of 50 fi (15 m) of hose and an
appropriate fi re-fighting nozzle
4. One
'or more of each of ihe following types of portable fire extinguishers:
A. A dry chemical fire extinguisher having a minimum agent capacity of 20 lb (9.1 kg), a minimum
20 "B' rating, and minimum agent discharge flow rate of 1 lb/sec (0.45 kg/sec)
B. pressurized water-type fire extinguisher having a minimum agent capacity of 2,5 gal (9.5 L)
C. Fire extinguishers listed and labeled for Class D fires or special extinguishing agents
appropriate for the special hazards of the motorsports type
S. Appropriate restoration tools and equipment, for the type of event, will be provided on a motorized
vehicle such as the following:
A. Tool box with common hand tools and seat belt cutter
B. Heavy tools such as a pry bar, bolt cutters, flat shovel, crowbar, sledge hammer, and crash
axe
c. Tow strap or rope of approximately 30 ft (10 m) (4) Push brooms
D. Containers of coarse oil-absorbent material, fine oil absorbent material' or both
E. All of the equipment carried on the vehicle will be securely mounted to the vehicle.
6. Extrication Equipment. Rescue and extrication equipment to release a driver or any other
persons trapped as a result of an incident within the venue will be available. Such equipment
might include manual, electric, hydraulic, or otherwise powered spreaders and cutters'
A. Extrication cutting equipment will be sufficient to cut roll bars, the vehicle body, or cockpit
materials of the type found in motorsports competitive vehicles expected at an event'
7011412016 4:09 PM
16.K.9.b
Packet Pg. 1969 Attachment: Site License Agreement (7044 : Mediated Settlement Agreement and Site License Agreement - Wannagofast v CC - Case No. 17-
The equipment will be on site at the venue or close by with a local emergency response agency
with the capability and willingness to respond to the venue.
All powered rescue tools will be in compliance with NFPA 1936, Standard on Powered Rescue
Tools.
Emerogncv Medical Services (EMS).
EMS will be provided in accordance with the requirements of the local authority with responsibility for
setting EMS requirements. Consideration will be given to providing emergency medical capability on
site, depending on the type of event and locally available resources.
Ambulances and other EMS vehicles used at the venue will be equipped and staffed in accordance
with the requirements of the AHJ. Methods of EMS delivery could include the following:
(1) Advanced life support (ALS) unit(s) on site
(2) Basic life support (BLS) unit(s) on site
(3) BLS or ALS equipped personnel on site with local medical transport available
(4) Off-site local emergency medical provider for a Level I event
The number of units and the level of care will be in accordance with the incident action plan (lAP).
Hazardous Materials Mitiqatlon.
All Hazardous Materials Spills of ANY size puts the Collier County Emergency Spill Response Program
(ESRP) into affect. A copy will be placed in the Event Directors office, the starting area and the Pits.
Equipment and materials to handle hazardous material spill mitigation and disposalwill be available
based on the hazardous materials present at the venue and the potentialfor a spill. The equipment
and materials might vary depending on the design of the course and the type of motorsports event to
be held. All containment and clean-up procedures will conform to federal, state, and local
governmental regulations.
Course Restoration Equioment.
Course restoration equipment will be available, This equipment might be as simple as brooms,
shovels, and leaf/lawn blowers used with absorbent materials, or as elaborate as specialvehicles
designed to spread and pick up items such as absorbent materials, motorized blowers or jets, street-
type vacuums, and mechanized street brushes. The restoration equipment needed will depend on
the competition area size and type and the expected event type.
Vehicle Recoverv Eoulpment.
Vehicle recovery equipment includes boom-type tow trucks, flat bed tow trucks (rollbacks), or any other
specialized equipment appropriate for removing crashed or disabled vehicles from the competition
area. The type and amount of equipment will vary depending on the type of vehicles entered in the
competition, the design of the particular competition area, and the urgency for resuming full racing
competition.
t)lL4l20r6 4:09 PM
c.
16.K.9.b
Packet Pg. 1970 Attachment: Site License Agreement (7044 : Mediated Settlement Agreement and Site License Agreement - Wannagofast v CC - Case No. 17-
Vehicle Markinq,
Response vehicles used on a competition area where movement of competitive vehicles continues
after an incident will be conspicuously marked and have appropriate visual warning devices. All on'
course emergency, clean-up, or recovery vehicles will be equipped with some type of manually
operated, portable visual warning devices to be deployed by personnelworking on the competition
area. These warning devices can include flags, lights, signs, or paddles or any combination thereof.
Parkino or Staqlnq Areas.
Safe parking areas, staging areas, or both, will be provided for response vehicles. These response
vehicles will be staged in proximity to the competition area for easy access but will be protected by
barriers or space from potential collision with competition vehicles.
SECTION V: INFIDENT ACTION PLAN PPERATIONS
The success of incident response operations does not depend only on incident action planning,
training and equipping of personnel, and provision of equipment. lt is equally important that all
personnel understand the nature of the specific event and their roles in the incident response
operations, lncident response operations may include nonemergency and emergency activity.
1. Review of lncident Action Plan (lAP). The incident action plan (lAP) will be reviewed with Risk
Management, Authority Having Jurisdiction (AHJ) and the BCC Director of Emergency
Management to ensure that all requirements for handling on-site incidents can be met with the
resources available. Where the plan calls for using off-site resources, it must be verified that
those resources have been contacted, are aware of the event, and are available.
2. Review of Operational Readiness. The evenUvenue official review IAP with Risk Management
preparing for and providing emergency services. The evenUvenue officialwill adapt this checklist
to the specific needs of the evenUvenue.
IAP Event Staffino.
lndividual crews, including, but not limited to, fire crews, extrication crews, EMS crews, vehicle
recovery crews, restoration crews, and marshals, will be provided with the following information to
assist them in understanding, preparing for, and executing their role during an emergency:
1. Name of the individual to whom the crew reports and that individual's position in the chain of
command
2. Name(s) of individual(s) to call if needs develop such as replacing a crew member or equipment, if
problems need to be resolved
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Packet Pg. 1971 Attachment: Site License Agreement (7044 : Mediated Settlement Agreement and Site License Agreement - Wannagofast v CC - Case No. 17-
3. Names of the other members of the crew and identification of individual crew member
assignments
4. lndividual crew member assignments at the venue, including where each crew member is
stationed and identification of each member's geographic area of responsibility
5. ldentification of the appropriate personal protective equipment (PPE) for the crew's assignment
6. Equipment provided for the assignment
7. Means of communicatingthe crew'sstatus and needs,e.g.,theradiochannelstobeused
I. Time the crew is expected to start its assignment and when the assignment is considered to be
complete
9. ldentification of the dispatcher or circumstances under which the crew is to respond to render
assistance
Currencv.
The Risk Management Division is responsible for maintaining the currency of this lnstruction.
Reference.
1. Collier County CMA 5902, WORKPLACE SAFETY AND HEALTH POLICY
2. Collier County Personnel Ordinance, Ordinance No, 2001-50: Safety:
NFPA Publications. National Fire Protection Associatlon.
1. NFPA 10, Standard for Portable Fire Extinguishers, 2013 edition.
2. NFPA 1561, Standard on Emergency Services lncident Management System, 2008 edition.
3. NFPA 1581, Standard on Fire Department lnfection Control Program, 2010 edition,
4. NFPA 1936, Standard on Powered Rescue Tools, 2010 edition. NFPA 1951, Standard on
Protective Ensembles for Technical Rescue lncidents, 2013 edition.
5. NFPA 1971, Standard on Protective Ensembles for Structural Firefighting and Proximity Fire
Fighting, 201 3 edition.
6. NFPA 1977, Standard on Protective Clothing and Equipment for Wildland Fire Fighting , 2011
edition,
7. NFPA 472, Standard for Competence of Responders to Hazardous MaterialsMeapons of Mass
Destruction lncidents, 201 3 edition.
8. NFPA 600, Standard on lndustrial Fire Brigades, 2010 edition. NFPA 1051, Standard for Wildland
Fire Fighter Professional Qualifications, 2012 edition.
L NFPA 1500, Standard on Fire Department Occupational Safety and Health Program, 2013 edition,
10. NFPA 1561, Standard on Emergency Services lncident Management System, 2008 edition.
,
ANSI/ISEA Z:87.1, Occupationaland Educational Personal Eye and Face Protection Devices,2010.
,
1. ASTM D 3578, Standard Specification for Rubber Examination Gloves, 2010.
2. ASTM F 2413, Standard Specification for Performance Requirements for Protective (Safety)
Footwear, 2011,
SFI Publications. SFI Foundation, lnc.
1. SFI Specification 3.2A, Driver Suits, November 29, 2001.
LOlt4l2OL6 4:09 PM
!,1- lt. ji
16.K.9.b
Packet Pg. 1972 Attachment: Site License Agreement (7044 : Mediated Settlement Agreement and Site License Agreement - Wannagofast v CC - Case No. 17-
2. SFI Specification 3.3, DriverAccessories, December31,2010. SFI Specification 31.1A, Flame
Resistant Motorsports Helmet - Open Face, December 1, 2001,
3. SFI Specification 31 .2A, Flame Resistant Motorsports Helmet - Closed Face, December 1 ,2001,
4. SFI Specification 31 .112005, Flame Resistant Motorsports Helmets, December 1, 2001.
5. SFI Specification 41 ,1A, Motorsports Helmets - Open Face, December 1 , 2401 .
6. SFI Specification 41.2A, Motorsports Helmets - Closed Face, December 1, 2001.
7. SFI Specification 41 .112005, Motorsports Helmets, December 1, 2001.
Snel! Publications. Snell Memorial Foundation, lnc.,
1. M2OOO, Standard for Protective Headgear for Use with Motorcycles and Other Motorized Vehicles,
2000.
2. M2OO5, Standard for Protective Headgear for Use with Motorcycles and Other Motorized Vehicles,
2005.
3. M2O1O, Standard for Protective Headgear for Use with Motorcycles and Other Motorized Vehicles,
2010.
4. SA2OOO, Standard for Protective Headgear for Use in Competitive Automotive Sports, 2000.
5. SA2OO5, Standard for Protective Headgear for Use in Competitive Automotive Sports, 2005.
6. SA201O, Standard for Protective Headgear for Use in Competitive Automotive Sports, 2010.
U.S. Government Publications. U.S. Government
L Homeland Security Presidential Directive 5 (HSPD-S), 2003.
2. Title 29, Code of Federal Regulations, Part 1910.95, "Occupational noise exposure," 2006.
3. Title 29, Code of Federal Regulations, Part 1910.133, "Eye and face protection," 1996,
4. Title 29, Code of Federal Regulations, Part 1910.1030, "Bloodborne pathogens," 2001.
to/L4/20L6 4:09 PM
[ {-.1,s'i i
16.K.9.b
Packet Pg. 1973 Attachment: Site License Agreement (7044 : Mediated Settlement Agreement and Site License Agreement - Wannagofast v CC - Case No. 17-
@
U,S. Deportment
of Tronsportotlon
Federol Aviolion
Adminishotion
September 20,2018
Mr. Justin Lobb, ACE
Airport Manager
VIA EMAIL
Airports District Office
5950 Hazeltine National Drive, Suite 400
Orlando, Florida 32822
407-812-6331
Re: Car Race Event
Immokalee Regional Airport (IMM)
ASN Study: 201 8-ASO-2 I 59-NRA
Dear Mr. Lobb:
The Federal Aviation Administration's (FAA) - Orlando Airports District Office (ADO) has
completed its review of your request to initiate a partial airport closure in order to host an on-
airport car race event at the Immokalee Regional Airport (IMM) sometime in calendar year
(CY) 2019. Our review and decision is based on the documentation you provided to our
office, discussions between the Orlando ADO staff, and documentation uploaded into the
Obstruction Evaluation/Airport Airspace Analysis (OE/AAA) system on May 11, 2018.
Temporary Closure Requested
Collier County Airport Authority (CCAA) seeks FAA approval for a Non-Aeronautical Car
Race Event (by wannaGOFAST) atthe Immokalee Regional Airport in CY2019 (Dates TBD).
The terms of the event are in accordance with the Settlement Agreement resulting from Circuit
Action entitled wannaGOFAST LLC vs. Collier County Board of County Commissioners,
serving as the Collier County Airport Authority (Case No. l7-0380-CA), which has been
included as "Attachment F'o to the Non-Aeronautical Event Request.
The wannaGOFAST event is to take place on a portion of the airfield, both aeronautical and
non-aeronautical at the Immokalee Regional Airport. This event is an independent event,
which creates a safe and controlled environment for car enthusiasts to pursue their "need for
speed" on airport runways.
Safety
CCAA has developed a safety and phasing plan for this event. The plan proposes to
temporarily close a portion of the AOA movement area that includes Runway 09127,
parallel TW B and connectors. During the event, Runways l8/36 will remain open to
airport users. As per the safety plan, temporary placement of orange cones on the airfield
will delineate the event boundary to its participants. Airport operational trained personnel
shall direct spectators to specific access points and regulate pedestrian movement to avoid
active aircraft movement areas. Airport staff, personnel from the fixed base operator, and
event staff will maintain safety and security measures per the safety and phasing plan. A
temporary NOTAM shall be issued three days prior to the event. Although clean-up of
venue is expected to be conducted by the Event Operator, CCAA is responsible for making
sure event operator complies with the set-up and clean-up upon event completion.
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The placement of the temporary orange cones/barricades must remain outside the active
safety and object free areas for both RW l8/36 and adjacent taxiways.
Impact to Aviation and Aeronautical Users
IMM's airfield consists of two active runways; the primary RW 09/27 (east/west) and the
crosswind RW 18/36 (north/south). Runway 09127 is 5,000 feet long and 150 feet wide
with VGSI PAPI and a LPV GPS approach with l-mile VM. Runway 18136 is 4,550 feet
long and 150 wide. IMM airfield is not also controlled by an Air Traffic Control Tower
(ATCT). No real impact to aeronautical uses is expected, as the airfield will continue
normal operations during the event.
Mechanisms to Protect the Airport Infrastructure
Airport staff shall conduct a detailed physical inspection of the event course and adjacent
area prior to and following the race with the event operator. Any Foreign Object Debris
(FOD) and/or damage to existing infrastructure is expected to be cleaned-up and repaired
immediately following the event. A complete sweep of the runway and taxiways is
completed before opening the taxiways to operations.
Benefits to the Airport
The Collier County Airport Authority anticipates numerous intangible benefits from
this non-aeronautical event, including, but not limited to:
Exposure Opportunities :
o The potential to bring in thousands of spectators over the course of the
weekend, providing an opportunity for potential customers, business
associations, and organizations to take notice of the Immokalee Airport
location, facilities, and services.
o Local and national media coverage of the event, both traditional and social.
Community Outreach
o The Event Operator proposes this event be open to public spectators with
a set limit of tickets available. This will allow the organizers to promote
the event to the public across many marketing channels while limiting the
liability and potential impact to airport interests.
o An opportunity to place the Immokalee Regional Airport in a positive light
by developing a family-friendly event that supports the local community
and businesses.
o Both the Event Operator and the Airport Authority recognize that the
Immokalee Regional Airport is designated by the State of Florida as a Rural
Area of Opportunity whose purpose is to revitalize economically distressed
areas. In recognition of this, the Event Operator agrees to provide local
vendor preference when seeking vendors for this event, and where practical
to employ localworkers when staffing the event.
Financial Considerations
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Packet Pg. 1975 Attachment: Federal Aviation Administration - September 20, 2018 (7044 : Mediated Settlement Agreement and Site License Agreement -
aJ
CCAA will not receive any direct revenue from this event. In accordance with the terms
of the Settlement Agreement in the Circuit Action between WannaGoFast, LLC and the
Collier County Airport Authority (Case No. l7-0380-CA) the Event shall be without
charge to the Operator.
Conditional Approval of the Temporarv Closure Request
The Orlando ADO conditionally approves the CCAA's request to temporarily close a portion
of the aircraft operational area (AOA) that includes Runway 09127, parallel TW B and
connectors. This approval is conditioned on:
o CCAA issuing a NOTAM advising pilots of this temporary closure. The NOTAM is
published indicating the airfield areas where the car event is taking place will be closed
during time period specified. Additionally a Notice to airmen in the Airport ATIS
should state no aircraft surface movement or engine run ups allow in close proximity
to the area designated for the event.
o CCAA is to coordinate with local Air Traffic and SSC Manager Representatives,
invited to all meetings and anylall concerns are addressed / resolved.
o All active RSA, ROFA, TSA and TOFA are clear of all personnel.
o CCAA must require the event operator to obtain a comprehensive insurance policy.
o CCAA must ensure Event Operator follow the Safety Plan reviewed by this office.
o Closure of the aviation-related infrastructure should be limited to the amount of time
needed for the actual car race and post-event inspection.
o If any damage to IMM's aviation infrastructure occurs during the closure, the Airport
Manager must notify this office within 48 hours.
. The use of airport revenue is minimal, consistent with the Revenue Use Policy.
If you have any questions or need any additional information, please do not hesitate to contact
me via email at pedro.blanco@faa.gov.
Sincerely,
Pedro J. Blanco
Community Planner
Cc (via email): Krystal Ritchey, Program Manager
Bart Vernace, ADO Manager
Rebecca Henry, ADO Assistant Manager
Heather, Manager Safety and Standards, A50-620
Kristi Smith & Wendy Sands, FDOT District I
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Packet Pg. 1976 Attachment: Federal Aviation Administration - September 20, 2018 (7044 : Mediated Settlement Agreement and Site License Agreement -
FM
^ffiFloridq De portment of Transportotion
Rrct( scoTT
gOVEBNOR
October 8,2018
Justin Lobb
Airports Manager
Collier County Airport Authority
2005 Mainsail Drive
Naples, FL 34114
Dear Mr. Lobb:
R-E: Temporary Closure for Non-Aeronautical Special Event Request
I am writing in response to your application for a Temporary Closure for Non-Aeronautical
Special Event Request (Form 725-A40-18) for a car race event on Runway 9/27 xthe Immokalee
Regional Airport.
The Departrnent maintains concerns related to the event. Therefore, the decision to host such
event could potentially elevate the airport's risk factors, which in turn could jeopardize future
state funding opportunities.
However, should the Airport Authority continue to pursue tle evant, a full and detailed damage
a$sessment by a Professional Engineer should be obtained both pre and post eveat. Additionally,
please find the Temporary Airport Closures for Non-Aeronautical Purposes Guidance attached
for your use.
Should you have any questions or concerns, please contact Ms. Wendy Sands at (863) 519-2520
or wendy.$ands@dot. state. fl .us.
Sincerely,
Paul A. Simmons
Modal Development Administrator
Enclosures: Temporary Airport Closures for Non-Aeronautical Purposes Guidance
801 North Broadway Avenue
Bartow, FL 33830
MII(E DEW
SECRETARY
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Packet Pg. 1977 Attachment: Florida Department of Transportation - October 8, 2018 (7044 : Mediated Settlement Agreement and Site License Agreement -
Florida Department of Transportation
Aviation and Spaceports Office
TEMPORARY AIRPORT CLOSURES FOR NONAERONAUTICAL PURPOSES GUIDANCE
Effective: April 18, 2016
Purpose:
To provide for the revietry and approval or denial of the temporary closure of all or part of an
airport for nonaeronautical purposes. This document is supplernental guidance to existing
aviation program management procedures and is intended to provide additionaldirection to
district avialion staff. For requests where the facts or circumstances require additional guidance,
interpretation, or deviatlon from this guidance, district staff is encouraged to coordinate with
central office staff in order to ensure compliance with applicable procedures, rules, and laws,
Authority:
Sections 332.007 and 334.046, Florida Statutes (F.S.)
Public Transportation Joint Participation Agreement (JPA), E$ibit "C'
Scope:
This document impacts all district and central office units of the Florida Department of
Transportation ( Departm ent) with Aviation Program responsibi I ities.
Background:
Special events involving aviation facilities or aircrafi have become increasingly more common at
airports across Florida. These events are designed to (1) enhance public awareness of the
airport; (2) stimulate interest in and growth of the airport and aviation; (3) foster community
support; (4) provido community benefits; and (5) possibly generate revenue for the airport or
community/charitable organization. ln broad terms, a special event may be aeronautical,
nonaeronautical, or com bined :
1. An aeronautical event involves aviation activities or aircraft. These events include
activities such as airshows, fly-ins, aircraft static displays, and community appreciation
events involving aircraft.
2. A nonaeronautical event uses airport facilities as a venue but does not involve aviation
activities or aircraft, Typical nonaeronautical events include car shcnvs and races, 5K or
10K runs, concerts, and fundraising events.
3. Combination events include the promotion of aviation within the event such as airshows,
fly-ins, or community appreciation or fundraising events such as runway runs or
combined transportation events. Even though a canbined event may or may not
operalionally impact the airport, it may impact the airport from a regulatory standpoint.
Thus, this guidance clarifies preliminary information needed when considering requests to
temporarily close part or all of an airport for nonaeronautical purposes.
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Packet Pg. 1978 Attachment: Florida Department of Transportation - October 8, 2018 (7044 : Mediated Settlement Agreement and Site License Agreement -
Federal Roquiremenls:
Title 49 U.S.C. 47107 (a) (8) stipulates that any airport developed or improved with federal
funds may not be closed temporarily for a nonaeronautical purpose without FAA approval.
Compliance with federal grant assurancqs for nonaeronautical events is no different than those
required when operating the airport for aeronautical events. FM guidance is contained in FM
Order 5190.68 Chapter 7.21, "Temporary Closing of an Airport." On a case by case basis,
hchilever, the FAA does support the limited use of airport hcilities promoting aviation awareness
through nonaeronautical activities so long as there is not total closure of the airport. Safeguards
must be established to protect the aeronautical use of the airport while the temporary
nonaeronautical activities are in progress.
Additionally, if the FM decides to allow the activity on the airport, any revenue derived from the
aclivity must revert back to the airport unless the proceeds of the event are to be donated in
support of a non-profit organization or cause. Existing federal law prohibits the diversion of any
airport revenue to a city or county general fund or any other public or private, non-airport fund.
State Requirements:
Aviation Program Assurances, as set forth under the FDOT Public Transportation Joint
Participation Agreement (JPA), Exhibit "C", specifies that an airport and allfacilities, which are
necessary to serve the aeronautical users of the airport, shall be operated at all times in a safe
and serviceable condition and:
1. The Airport Sponsor assures that it will not cause or permit any activity or action thereon
which would interfere with its use for airport purposes.
2. Except in emergency situations, any proposal to temporarily close the airport for non-
aeronautical purposes must first be approved by FDOT.
3, The Airport Sponsor assures that it will have arrangements for promptly notifuing airmen
of any condition affecting aeronautical use of the airport.
Additionally, aviation program assurances require that all airport revenue must be used on the
airport or for uses directly benefiting the airport, and that the airport must comply with all federal
revenue use requiremonts and restrictions,
Guidelines:
1. Temporary closures involving commelcial service airports are under the control of the
FAA.
2. Temporary closures for Aeronautical Events; Airports may be temporarily closed for
aeronautical events such as air shows, fly-ins, and aviation conventions, etc. The
closure should be well publicized in advance and appropriate NOTAM's must be issued.
The only coordination needed will be the event name, dates, and closure periods.
3. Temporary closures for Nonaeronautical Events: Airports may not be closed for special
outdoor events, such as sports car races, county fairs, parades, car testing, model air
plane events, etc., without both FM and FDOT approval.
4. Partial closures for Combination Events: The closing of a runway, taxiway, and any
operational portion of airport facilities (ramps, aprons, etc) is considered closing part of
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Packet Pg. 1979 Attachment: Florida Department of Transportation - October 8, 2018 (7044 : Mediated Settlement Agreement and Site License Agreement -
5.
an airport. ln these cases where the limited use of airport facilities promotes aviation
awareness through the nonaeronautical activity, case-by-case approval may be given
provided there is not a total closure of the airport.
ln support of requests for full or partial airport closures as detailed above, the extent of
the information to be submitted for review will vary based on the type and size of the
event and the specific airport. Thus, the following preliminary information shoutd be
submitted in order to properly evaluate and approve the request:
a. A summary of the overall event and a sketch map showing affected locations on
the airport, location of emergency personnel and services, and other safety and
security measures to be in place. The sketch map should include, at a
minimum:
i. Depiction of the extents of the area within which the event will be held.
ii. Locations and heights of equipment, displays, tents, temporary structures,
and any other objects such as cranes or large vehicles.
iii. The extents of all safety areas and object free areas for all runways,
taxiways, and taxilanes on the airport as well as the extents of all runway
protection zones on all runway ends.
iv. Security measures in place to ensure event participants/attendees remain
within the event area.
v. Access routes to and from the event area for participants/attendees.
vi. Temporary access routes for emergency rsponse and airport
tenants/leaseholders.
The summary should include, at a minimum:
vii. A description of why the evenUactivity must take place at the airport and
that an objective evaluation of comparable venues has been conducted and
no other venues exist within the conmunity to reasonably accommodate
the event.
viii. A description of how financial or other benefits will accrue to the airport and
local community as a result of the event
ix. A brief narrative for each item required on the sketch map.
b. A copy of all FM coordination, reviews, certifications, and approvals (if
applicable) is provided.
c. Written verification that the event is being held either in an area of the airport
ihat is not required for the normal operation of aircraft and where the event
would not interfere with the airport's normal use, or in a limited operational area
of an airport having a relatively small traffic volume and where it has been
determined that the event can be conducted in the area without interfering with
aeronautical use of the airport.
d. A description of how all reasonable accommodations will be made to maintain
normal airport operations and how tenants will not be adversely affected by the
event.
e. A description of how all aeronauticaltenants and localairport users have been
notified of the planned closure and have been given the opportunity to comment,
and the event and closure is supported by the airport tenants and the community
at large. A copy of such notification, cornments and support should be provided.f. Confirmation that the event has been coordinated with other airports in the
vicinity of where the event will be held to minimize impacts to other aviation
facilities. A copy of such notification should be provided.
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Packet Pg. 1980 Attachment: Florida Department of Transportation - October 8, 2018 (7044 : Mediated Settlement Agreement and Site License Agreement -
g. A description of adequate procedures that will be in place to ensure the safety
and security of concunent aircraft and airport operations, and to ensure the
safety for event officials and staff, participants, and spectators. The airport
and/or event promotersicoordinators/organizers shall obtain adequate insurance
to protect the airport tom damages, injuries and lawsuits arising from the
conduct of the event.
h. A description of precautions that will be in place to prevent damage to airport
facilities, equipment and navigational aids (pavements, lights, NAVAIDS, etc.),
and all damage to airport facilities occurring during the conduct of the event will
be repaired quickly and by event promoters/coordinators/organizers to the
satisfaction of the airport.i. Confirmation that all NOTAMS will be issued as appropriate.
6. District staff will provide the attached Special Event application to airports upon receiving
a request to temporary close an airport for a nonaeronautical event.
Resources and Contacts:
FAA Order 5190.68, Airport Compliance - Section 7.21
http: //www. fa a. gov/atliorts/ai mort com oliance/
Contact Todd Cox, Andy Keith, or Aaron Smith at 850-414-4500.
4
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Packet Pg. 1981 Attachment: Florida Department of Transportation - October 8, 2018 (7044 : Mediated Settlement Agreement and Site License Agreement -